Vaccine-related injury and compensation from Oniam
Verified 03 November 2023 - Legal and Administrative Information Directorate (Prime Minister)
Have you suffered any harm related to vaccination? Are you wondering about the compensation procedure with the National Office for Compensation of Medical Accidents (Oniam)? The procedure varies depending on whether the vaccination that caused the harm is mandatory or merely recommended. We will explain the procedures to follow for both cases.
In the event of damage resulting from compulsory vaccinatione, you can initiate a procedure with Oniam. She's free.
It can provide redress swithout going through legal proceedings.
The procedure before Oniam is not mandatory before the administrative court. So you can enter either Oniam or court.
The list of required vaccinations varies depending on whether you were born before or after 1er January 2018.
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Persons born before 1 January 2018
Mandatory vaccinations are: diphtheria, tetanus and poliomyelitis (DTP)).
Health professionals and students are also subject to other mandatory vaccines.
Vaccination against yellow fever is mandatory for residents of the department of Guiana older than 12 months (one year) or anyone staying there.
Person born from 2018
The 11 compulsory vaccinations for babies and children are:
- Diphtheria, tetanus and poliomyelitis (DTP)
- Invasive Haemophilus influenzae type B infections
- Hepatitis B
- Invasive pneumococcal disease
- Meningococcus serogroup C
- Measles, mumps and rubella
In addition to this list of mandatory vaccinations, the vaccination of yellow fever for residents of Guiana from 1 year.
The schedule of vaccinations is the subject of a specific page.
The victim can initiate a procedure to be compensated by the National Office for Compensation of Medical Accidents (Oniam).
The victim is a minor
It is the holder of parental authority (e.g. the parent) of the minor who appeals to Oniam.
The victim is a protected middle finger
The guardian makes the appeal to Oniam.
Major in Curatorship
The person under trusteeship may act with the assistance of its curator.
However, the judge may decide otherwise.
Major under protection of justice
The person placed under safeguard of justice act alone unless a representative is appointed for that act.
The victim died
In particular, heirs can appeal to Oniam.
You have to fill out a form.
The claim must be:
- Sent to Oniam by registered letter with acknowledgement of receipt to the transfusion and hemophilia service
- Or deposited with the Oniam secretariat against receipt.
Contact details are provided on the form.
Do not forget to give the supporting documents listed in the package leaflet.
Oniam acknowledges receipt of your request and analyzes it.
The property may require you to send additional parts.
Oniam may order, if necessary, an expert's report to determine the extent of the damage and to specify the cause.
The establishment shall then inform you, at least 15 days before the date of the examination, of:
- The identity and titles of the doctor responsible for the expert's mission
- And the mission of expertise entrusted to it.
It also informs you that you can get assistance from someone of your choice.
This expert shall:
- Send you his draft report. You then have 15 days to send him any comments you may have
- Sends its report to Oniam within 3 months of the date of appointment. This report includes the response to your observations.
Oniam sends you the report. You again have 15 days to send any comments you may have to Oniam.
Oniam pays for the cost of the expertise.
Following the investigations, Oniam shall take a reasoned decision on the compulsory nature of vaccination.
It may also decide on:
- Causal link between damage and vaccination
- Extent of damage
- Consolidation, or not, of your health.
Oniam's silence for a period of 6 months from the date of receipt of the file complete denies your request.
If the damage is considered compensable, Oniam submits a offer of compensation by registered letter with acknowledgement of receipt.
If you accept it, you will communicate your decision to accept Oniam's offer by registered letter with acknowledgement of receipt.
From the reception of your agreement, Oniam has1 month to pay you the amount of the compensation.
Yes, you can communicate your decision to refuse by registered letter with acknowledgement of receipt.
You can enter the administrative tribunal in whose jurisdiction you are domiciled in a claim for compensation.
In the event of damage resulting from recommended vaccine, the procedure does not engage with Oniam.
Indeed, the act of vaccination is a medical act whose harmful consequences can be compensated by several other remedies.
Remedies are available where liability is sought to claim compensation for harm caused by a medical act.
Who can help me?
Find who can answer your questions in your region
- Injury related to a medicinal productService-Public.fr
- National Medical Accident Compensation Board (Oniam) websiteNational Medical Compensation Board (Oniam)
- Vaccination schedule 2023Ministry of Health