Vaccine-related injury and compensation from Oniam

Verified 04 December 2023 - Directorate for Legal and Administrative Information (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.

Vaccine required

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.

FYI  

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.

FYI  

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)
  • Pertussis
  • 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.

Health professionals and students are also subject to other mandatory vaccines.

FYI  

The schedule of vaccinations is the subject of a specific page.

General case

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

Guardianship major

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 specific missions
  • Or deposited with the Oniam secretariat against receipt.

Contact details are provided on the form.

Request for compensation from Oniam (compulsory vaccination)

Warning  

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:

  • Convene you to an expert meeting to conduct a review and hear your complaints
  • 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.

Please note

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. You have 2 months upon receipt of the decision to do so.

Recommended vaccine

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.

You can:

Emergency health measure vaccine

In response to public health risks, the Ministry of Health may need to take temporary health measures.

Oniam is then responsible for compensating for the damage caused in the course of the application of these emergency measures.

This concerns:

Who can help me?

Find who can answer your questions in your region

  • National Office for Compensation for Medical Accidents (Oniam)

    By telephone

    01 49 93 89 00

    • Monday, Tuesday and Thursday: 9:30 am to 12 pm and 2 pm to 5 pm
    • Wednesday and Friday: from 9:30 am to 12 pm.

    By contact form

    https://www.oniam.fr/contact

  • House of Justice and the Law