Colombia Covid Vaccine partial-NFCS

Introduction

Colombia does not have a full no-fault compensation scheme for covid-19 vaccines.  Instead they created the Covid-19 Evaluation Council as a mechanism to establish causation as a precursor to conciliation/litigation. This was established on 20 November 2020, and it covers covid-19 vaccines given from 2 June 2020.

This Council was created under national legislation, Laws 333 of 2022, Law 2064 of 2022 and Decree 601 of 2 June 2021.

The Covid-19 Evaluation Council functions as an autonomous, independent body within the Institute for the Evaluation of Health Technologies, who are a public body.

The Covid-19 Evaluation Council Panel consists of five members with the following expertise

1. Medical/nursing with expertise in epidemiology or pharmacology;
2. Pharmaceutical chemist/expert in pharmacology or pharmacovigilance
3. Medical professional with expertise in immunology/allergology;
4. Medical professional with expertise in internal medicine/infectious diseases;
5. Medical professional specialising in pathology.

The sole function of the Council is to evaluate causation.

The funding for the Council comes from Central Government.

Vaccines Covered

It covers vaccines supplied by the State of Colombia. Article 5 of Law 2064 of 2022 infers that it includes vaccines approved for emergency use and standard approvals.

Injuries Covered

The types of injuries covered is not specified.

The Covid-19 Evaluation Council and the right to litigate

There is a restricted right to litigate - A claimant must use the Covid-19 Evaluation Council before they can commence litigation or conciliation.

In claims that follow a positive causation finding by the Council eligibility, quantification, limit periods, etc, all follow standard litigation/conciliation rules.

Charges for applying to the Covid-19 Evaluation Council

There is no charge for applying to the Council, but the applicant must provide medical records and a diagnosis.

Time limits for applying to the Covid-19 Evaluation Council

The legislation does not specify any time limits on when an application to the Council can be brought.

Evaluating claims – standard of proof required

The standard of proof required by the Council is that on the balance of probabilities the vaccination caused the adverse event.

Useful information and links

PDFs of translated scheme rules