COVID-19 Vaccine Facility No-Fault Compensation Scheme

The Covid-19 Vaccine Facility No-Fault Compensation Scheme, established to provide fair compensation to eligible vaccine recipients who suffer a Serious Adverse Event related to a COVID-19 vaccination that has been either:

• procured and/or delivered by UNICEF on a Participating Country’s behalf;
• donated to a Participating Country through UNICEF; or
• formally included into the Scheme (but otherwise procured and/or delivered but not by or through UNICEF),

as detailed in the Scheme Protocol and its Schedules.

A serious untoward medical occurrence that (i) is sustained or suffered by a Patient following the administration of a Vaccine, and (ii) results in an Injury, as evidenced by the supporting evidence, using the form in Schedule 3 of the Scheme’s Protocol, required to evaluate a Claim and that shall include:

A significant deviation, loss, or loss of use of any body structure or body function in an individual with a health condition, disorder, or disease.

The evaluation of an Impairment as provided in the Scheme's Protocol will be based upon the most recently published edition of the American Medical Association’s Guides to the Evaluation of Permanent Impairment (AMA’s Guides). Impairment percentages or ratings contained in the AMA’s Guides have been developed by medical specialists and are consensus-derived estimates that reflect the severity of the medical condition and the degree to which the Impairment decreases an individual’s ability to perform common activities of daily living.

The Impairment rating is a percentage that represents the extent of a whole person impairment of an individual, based on the organ or body function affected by an Injury (as defined in the Scheme's Protocol).

An international inter-governmental organisation established by the General Assembly of the United Nations by resolution No. 57(1) of 11 December 1946 as a subsidiary organ of the United Nations.

Any country participating in the Scheme as listed in Schedule 9 of the Scheme’s Protocol (as may be updated from time to time).

A written claim for compensation completed by a Claimant, using the Claim Form approved by and provided by the Administrator, as set forth in Schedule 2 of the Scheme’s Protocol, which must be accompanied by all Supporting Evidence.

ESIS, Inc., the claims Administrator appointed to manage and administer the Program, including, but not limited to, the receipt and registration of Applications, distributing acknowledgements of receipt of Applications, setting financial reserves for Receivable Claims, review of Applications, Supporting Evidence, and other documents to assess receivability, assessing Receivable Claims, and approve or deny, as the case may be, Payment for compensation, in accordance with the terms of the Program's Protocol.

Any individual, who meets all of the following requirements:

1. is a Patient who was administered a Vaccine (or in the event the Patient has died, is a child, or is disabled or otherwise lacks the legal capacity to submit a Claim for himself or herself, is an individual who is a duly authorised heir (in the case of death), parent, legal guardian or other legal representative of the Patient); and
2. is, or is duly authorised to represent, a Patient who has sustained an Injury which, in the opinion of a Registered Healthcare Professional, is deemed to have resulted from a Vaccine or its administration; and
3. the Vaccine was administered before its Scope of Coverage Endpoint (as indicated in Schedule 1 of the Scheme’s Protocol); and
4. has submitted a Claim for compensation, using the prescribed form in Schedule 2 of the Scheme’s Protocol, together with all Supporting Evidence, using the prescribed form in Schedule 3 of the Scheme’s Protocol to the Administrator, following the procedures described in the Scheme’s Protocol, and provided that this Claim is submitted: (a) in full observance of the waiting period of 30 days referred to in Section 1(c) and in Schedules 2 and 3 of the Scheme’s Protocol; (b) before the end of the Reporting Period; and (c) otherwise within the time limits set forth in Section 4 of the Scheme’s Protocol; and
5.  has not received any prior payment from any other public source, including from any governmental or publically funded no-fault compensation scheme, as compensation for the Injury; and
6. is not eligible to receive compensation from any other source for the Injury, or if eligible for such compensation, discloses the nature and full extent of such eligibility; and
7. has no pending lawsuits or claims for compensation for the Injury; and
8. agrees not to seek or make any claims for compensation from any other public source, including from any governmental or publically funded no-fault compensation scheme, for the Injury for as long as the Claim, and/or Receivable Claim, as applicable, is pending with the Scheme; and
9. is not and does not represent a Patient in respect of whom the Administrator is by any applicable sanctions regime, including any UN Security Council sanctions regime, precluded from accepting a Claim and/or paying compensation under the Scheme.

A COVID-19 vaccine received in any Participating Country that is either: (i) procured and/or delivered by UNICEF on a Participating Country's behalf; (ii) donated to a Participating Country through UNICEF; or (iii) formally included into the Scheme (but otherwise procured and/or delivered but not by or through UNICEF), that:

1. either (A) has licensure or authorisation from a stringent (“functional”) regulatory authority or (B) has received WHO prequalification, following licensure or authorisation from a stringent (“functional”) regulatory authority, or (C) has been issued authorisation for emergency use based on licensure or authorisation by a stringent (“functional”) regulatory authority; and
2. is included in Schedule 1 of the Scheme’s Protocol, as updated from time to time; and
3. has received all required approvals and authorisations for importation, distribution and use in the relevant country; and
4. has not reached its Scope of Coverage Endpoint.

For each Vaccine, the date which is 24 months following the date on which a Vaccine was first put into circulation by the manufacturer following regulatory approval or an emergency use authorisation of such Vaccine by any regulator.

On a per Vaccine basis, the period during which a Claimant may file a Claim for compensation under the Scheme in respect of such Vaccine. The maximum Reporting Period for each Vaccine extends from:

1. the date on which such Vaccine was first put into circulation by the manufacturer following regulatory approval or an emergency use authorisation of such Vaccine by any regulator (as indicated in Schedule 1 of the Scheme’s Protocol); and
2. terminates on the date which is 36 calendar months immediately after the Scope of Coverage Endpoint for such Vaccine (as indicated in Schedule 1 of the Scheme's Protocol), provided always that the Vaccine was administered before this Vaccine’s Scope of Coverage Endpoint (as defined in Section 2 of the Scheme's Protocol and indicated in Schedule 1 of the Scheme's Protocol). See the illustrative diagram of the Reporting Period in Schedule 6 of the Scheme’s Protocol.

For each Patient, the Reporting Period depends on the date the Vaccine was administered to the Patient. To calculate the Reporting Period that applies to the Patient, the Patient (or the person who is a duly authorised to represent the Patient as provided in limb (ii) of the definition of Claimant in the Scheme's Protocol) needs to:

1. determine (through Schedule 1 of the Scheme’s Protocol) what is the date of the Scope of Coverage End Point that applies to the Vaccine that was administered to Patient; and
2. calculate the number of months and days from the vaccination date (i.e. date that the Vaccine was administered to the Patient) until the date of the Vaccine’s Scope of Coverage End Point, and add another 36 months. This establishes the Reporting Period that applies to the Patient.