Law 229/2005: Provisions on compensation in favor of subjects damaged by irreversible complications due to mandatory vaccinations

Published in the Official Gazette no. 258 of 5 November 2005

Art 1
1. To the subjects referred to in article 1, paragraph 1, of the law of 25 February 1992, n. 210, is recognized, in relation to the category already assigned to them by the competent medical-hospital commission, referred to in article 165 of the consolidated text referred to in the decree of the President of the Republic 29 December 1973, n. 1092, further compensation. This further compensation consists of a monthly life allowance, equal to six times the sum received by the injured party pursuant to article 2 of the law of 25 February 1992, n. 210, for the categories from first to fourth of table A annexed to the consolidated text referred to in the decree of the President of the Republic 23 December 1978, n. 915, and subsequent modifications, five times for the fifth and sixth categories, and four times for the seventh and eighth categories. Half of it is paid to the injured party and the other half to the relatives who provide or have provided assistance to the injured party in a prevalent and continuous manner. If the injured party is less than an age or unable to understand and want compensation, the joint relatives referred to in the previous period are paid in full. The right to compensation for pecuniary and non-pecuniary damage deriving from an illegal act remains unaffected.
2. In the event of death of the relatives referred to in paragraph 1, the compensation is paid to the injured party and, if less or unable to understand and want, to the cohabiting family members who provide assistance in a prevalent and continuous manner, for the entire period of existence in life of the injured.
3. If due to compulsory vaccination the death occurred after the date of entry into force of this law, the beneficiary can opt between the additional compensation referred to in paragraph 1 and a check One-off equal to 150.000 euros, to be paid in five annual installments of 30.000 euros each. For the purposes of this law, the following dependents are considered entitled in order: the spouse, children, parents, siblings, adult siblings unable to work.
4. The entire amount of the compensation, established pursuant to this article, is revalued annually based on the variation of the ISTAT indices.

Art 2
1. By decree of the Minister of Health, to be issued within sixty days from the date of entry into force of this law, a commission for the definition of the amounts to be disbursed pursuant to articles 1 and 4.
2. The establishment and functioning of the commission referred to in paragraph 1 is met with the financial, human and instrumental resources available under current legislation. Participation in the commission activity does not give rise to the payment of any compensation or reimbursement of expenses.

Art 3
1. Persons damaged by compulsory vaccinations who enjoy the benefits referred to in the law of 25 February 1992, n. 210, having ongoing legal disputes, pursuant to the same law, in any state and degree of the judgment, including the executive phase, who intend to access the benefits provided by this law, must waive the prosecution with a formal act.
2. The waiver documents of the interested parties are sent to the commission referred to in Article 2.

Art 4
1. The persons referred to in paragraph 1 of article 1 are further granted the benefit of a check lump sum, the amount of which is determined by the commission referred to in Article 2, up to the maximum amount of ten years of the compensation referred to in the same paragraph 1 of Article 1, for the period between the occurrence of the harmful event and the obtaining the indemnity itself. Half of it is paid to the injured party and the other half to the relatives who provide or have provided assistance to the injured party in a prevalent and continuous manner.
2. Previous years are defined with conversion tables at 50 percent of the period between the date of occurrence of the harmful event and the date of obtaining the compensation.
3. The amounts, determined pursuant to this article, are disbursed in five annual installments, starting from the year following the date of entry into force of this law.

Art 5
1. The charge deriving from the implementation of this law, valued at 15,2 million euros for the year 2005 and 30 million euros per year starting from the year 2006, is provided by means of a corresponding reduction in the appropriation entered, for the purpose of 2005-2007 three-year budget, as part of the current part of the basic forecasting unit "Special Fund" of the estimates of the Ministry of Economy and Finance for the year 2005, partially using the provision relating to the Ministry of health.
2. The Minister of Economy and Finance monitors the charges deriving from the implementation of this law, also for the purposes of applying article 11-ter, paragraph 7, of the law of 5 August 1978, n. 468, and subsequent amendments, and transmits to the Chambers, accompanied by specific reports, any decrees issued pursuant to article 7, second paragraph, n. 2), of the aforementioned law no. 468 of 1978.
3. The Minister of Economy and Finance is authorized to make the necessary budget changes by its own decrees.

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