Article (in Estonian): O.-J. Luik, R. Kinkar, "Vaktsiinikindlustuse süsteemi loomise valikukohad" (Choices in creating a vaccine insurance system), Juridica 2022/1, pp. 53–64. Article page on Juridica (published 2022)
Co-author: Rauno Kinkar.
Background and research question
Vaccination is not mandatory in Estonia, but people are vaccinated against many diseases under the national immunisation schedule, and voluntary vaccination is common. In rare cases serious adverse effects occur. On 2 December 2021 the Government approved the principles of a vaccine insurance scheme and the Ministry of Social Affairs prepared a bill amending the Medicinal Products Act. Written by members of the drafting team, the article analyses the legal problems and possible solutions.
Main arguments
The authors compare compensation models: manufacturer liability, liability insurance and no-fault public compulsory insurance. Product liability is often illusory for the injured person because defect and causation are hard to prove. The authors therefore support compulsory no-fault insurance with a lower standard of proof.
What has changed
The scheme was created and is governed by Chapter 5¹ of the Medicinal Products Act (ravimiseadus, RavS) (Riigi Teataja). How it works in 2026 and its weaknesses are discussed in Vaccine injury insurance in Estonia.