Taiwan began large-scale vaccination against COVID-19 in 2021,
and since then, the number of applications for vaccine injury
compensation has surged to 8,564 between 2021 and 2022. As of June 8,
2023, the Vaccine Injury Compensation Working Group (VICP) in the
Ministry of Health and Welfare has reviewed a total of 2,689 cases of
COVID-19 vaccine applications. Of these, 303 cases (11.26%) received
compensation, while 2,386 cases (88.73%) were not granted
compensation.
This study analyzes the criteria used to assess the causality of adverse
events following immunization under Taiwan's current system and
examines the reasons behind the Vaccine Injury Compensation Working Group's (VICP) acceptance or rejection of compensation applications.
How VICP cites medical evidence exhibits the following characteristics:
Firstly, medical evidence with clear pathogenic mechanisms is given the
highest evidentiary weight. Secondly, population-based or cohort studies
are selectively utilized by VICP. Thirdly, VICP selectively adopts case
report evidence without clear and consistent standards. Fourthly, there is
an overemphasis on statistical normality, while outliers are often ignored.
Fifthly, pre-existing medical conditions are often used to preclude any
causal link between vaccination and adverse events. Finally, VICP is
prone to consider the vaccine injury causality from a diagnostic point of
view.
To enhance the effectiveness and objectivity of the vaccine injury
compensation system, ensure clarity and consistency in the utilization of
scientific evidence by the VICP, and meet the reasonable expectations of
the public, this article proposes several solutions to address the dispute
over the causality of vaccine injuries. Firstly, creating additional causality
types to provide more flexibility in assessing causality. Secondly,
applying the "Eggskull Theory" to acknowledge multiple causes of
adverse reactions. Thirdly, shifting the burden of proof through the
application of evidence rules. Fourthly, assessing causality in accordance
with the purpose of legal norms. Fifthly, utilizing population-based
studies and case reports to provide more support for the applicants.
Sixthly, recognizing the causality of extreme value cases for new
vaccines. Finally, based on new evidence and revised decisions, the
government can proactively grant compensation to victims who were
previously not compensated.