Bill empowering president to take liability from Covid-19 jabs filed

MANILA, Philippines — A proposed law that will authorize the president – for and in behalf of the national government – to assume liabilities that may arise from the administration of approved Covid-19 vaccines has been filed in the Senate.

Senate President Vicente Sotto III introduced Senate Bill No. 2056 or the Covid-19 Vaccine Indemnification Fund, which also sought the establishment of an indemnification fund that will be used in the payment of claims filed by inoculated individuals who would suffer adverse vaccine side effects.

Based on the measure, the president – for and in behalf of the national government – will be authorized to “assume any and all liabilities which will be incurred by vaccine manufacturers and their suppliers in relation to the administration of their respective products.”

The bill, however, states the authority that shall be granted to the president will not cover damage or injury which is due to:

• breach of good manufacturing practice (as applied at the time of manufacture) before certification of batch-release of the vaccine for export, leading to a quality defect in the vaccine
• willful misconduct of the manufacturer relating to the development, manufacture, use or administration of the vaccine.

“Through this bill, the Executive Branch may efficiently facilitate the immunization program of the government while warranting security on the part of the Filipinos and the vaccine manufacturers a compensation mechanism who may have suffered a vaccine-related injury,” Sotto said in the bill’s explanatory note.

Indemnification fund

As for the proposed indemnification fund, the bill noted that it “shall be used in the payment of allowed claims filed by vaccinees, who suffered a serious adverse event upon the administration of an approved vaccine, against vaccine manufacturers or any of their suppliers.”

“Upon the proper determination of the appropriate court of the causal connection between the Covid-19 vaccine and the serious adverse event as supported by compelling, reliable, valid, medical and scientific evidence, a vaccinee who suffered serious adverse event as a direct result of the administration of any Covid-19 vaccine shall be paid of his or her medical expenses and lost wages, if any,” according to the measure.

Under the bill, the amount necessary for the indemnification fund will be sourced from both the current budget of the Department of Health (DOH) and the Philippine Health Insurance Corp. (PhilHealth).

“Thereafter, such sum as may be necessary for the continued implementation of this Act shall be in the annual General Appropriations Act (GAA),” the bill read.

The measure requires that the Department of Finance manage the said fund.

“All disbursements from the account shall be made by the Secretary of the Department of Finance upon presentation of appropriate documents,” the measure said.

Vaccine czar Carlito Galvez Jr. has earlier stressed the need to pass a law that would provide a vaccine indemnification fund to compensate recipients who may suffer from Covid-19 vaccine side effects.

He said such a measure will help the Philippines in its quest for enough doses of Covid-19 vaccines because it will give confidence to drug manufacturers supplying the government with the jabs.

Vaccines from American drugmaker Pfizer initially expected to arrive mid-February, through the World Health Organization-led COVAX facility, faced delays due to hitches in ironing out the indemnity agreement.

On Wednesday, Galvez said the Philippines has already signed and submitted to the COVAX facility the indemnity agreement for the expected Pfizer and AstraZeneca Covid-19 jabs.

KGA