Towards Compensation for Physical Damage Caused by Coronavirus (COVID 19) Vaccination in the State of Kuwait in the light of Comparative Law

Abstract

In fact, the goals of this study are represented on evaluating the indemnity funds and programs for the physical injuries that caused by the compulsory vaccines or the vaccines that are used on the public-health emergencies, moreover, to figure out the protection provided for the individuals that are working on the implementation of the governmental measures to combat the pandemic disease in terms of the civil liability which arise from them on one hand, hence, to indemnify the physical injuries to the individuals as a result of the vaccination on the other hand, also reviewing and analyzing the applied programs and systems by some countries which are leading pioneers within this domain that were needed to be established due to the exemption of liability conditions set out by Corona vaccines manufacturing companies in their contracts made with many governments in order to draw the Kuwaiti legislature's attention to the necessity to establish a similar fund under which indemnity for the physical injuries caused by the vaccines or the vaccines that are used on the public emergencies would be made. However, the study was based on the descriptive analytical approach by analyzing the relevant legal provisions to the subject of the study in the comparative law and reviewing the adopted systems through which indemnity for physical injuries caused by novel Corona virus vaccination would be made. Thus, the study has been divided into a couple of requests, as the first one handles the indemnity funds for the entire vaccines` physical injuries. Meanwhile, the second request handles the indemnity funds and programs for the physical injuries caused by Corona virus COVID-19 vaccines. Hence, the study concluded with a set of findings and recommendations. Keywords: indemnity fund - Vaccine - Corona 19 - civil liability - physical injuries - Emergency use authorization.