Codacons has launched a collective action against the state in recent days for ask for compensation in favor of those under 60 vaccinated with AstraZeneca, forced to change the second dose with another anti-Covid preparation, after the decision by the Ministry of Health.
AstraZeneca, class action to obtain compensation: memberships
By inviting interested citizens to participate in the initiative, the consumer association believes that the request may also arrive to 10 thousand euros in damages. According to President Carlo Rienzi, the adhesions “are growing by the hour, we are reaching 10 thousand applicants and there is a very strong response”.
“There are hundreds and hundreds of people who have written to us for help in this situation, ei10 thousand have already downloaded the formal notice from our site and who asked us to intervene ”, explained Rienzi.
The association motivates the request for damages starting from the contradictions on the recommendations of the AstraZeneca anti-Covid vaccine to citizens by Aifa and on the conflicting communications of the Ministry of Health.
AstraZeneca, class action to obtain compensation: claims for damages
On its portal, Codacons therefore proposes to proceed in defense of the people involved and communicates having submitted a complaint to the Public Prosecutor’s Office of Genoa on the case of the death of 18-year-old Camilla Canepa asking to register the Minister of Health Roberto Speranza, the Commissioner Francesco Paolo Figliuolo and the competent ASL in the register of suspects.
On the site, citizens are made available to fill out a form for the warning, based on three types of compensation:
- Compensation for non-pecuniary damage caused by the fear of getting sick due to having received the administration of the Astrazeneca vaccine authorized by the competent Italian authorities: this is damage now recognized by the Law for several years in particular following the well-known “Seveso case” of 1976 (where the non-material damage complained of by subjects who concretely prove that they have suffered a psychic disturbance of a transitory nature due to exposure to pollutants has been recognized independently compensable, even in the absence of an ascertained psycho-physical injury or other productive event of pecuniary damage – Cassation no. 2515 of 21 February 2002). This damage can be quantified as a lump sum in the amount of 10,000 euros.
- Compensation for non-pecuniary-biological damage, permanent or temporary damage, also in terms of differential damage, reported for having been subjected to the Astrazeneca vaccination, subject to specific indication and quantification.
- The compensation provided for by Law 201/92 to be paid by the State for having been subjected to vaccination from which the permanent psychophysical impairment derives to be evaluated and quantified below (to be indicated if existing).
The president of Codacons Carlo Rienzi underlined that “the peculiarity lies in the fact of the damage caused by risk and fear. We are based – he explained again – as well as on a well-known jurisprudence on the subject that recognizes the damage from health risk, also on the sentence of the Court of Assizes of Taranto on the Ilva case a few days ago, in which we represented 50 citizens, who recognized to applicants a compensation of about 5 thousand euros each for being exposed to toxic substances. Therefore for the potential damage and for the risk incurred on the health front, even in the absence of actual damage to health “.