Epidemics Act (EpidA)
English is not an official language of the Swiss Confederation. This translation is provided for information purposes only and has no legal force.
Section 1 Compensation for Loss or Damage as a res
Art. 63
The ordering authority may compensate persons who suffer loss or damage as a result of official measures in accordance with Articles 33–38 and 41 paragraph 3, taking account of the financial circumstances of the persons concerned, insofar as the loss or damage is not otherwise covered.
Section 2 Compensation and Satisfaction for Loss o
Art. 64 Compensation
1 Any person who is harmed by an officially ordered or officially recommended vaccination has the right to compensation. 2 Compensation shall only be awarded if the loss or damage cannot otherwise be covered through reasonable effort.
Art. 65 Satisfaction
1 Any person who is harmed by an officially ordered or officially recommended vaccination has the right to satisfaction if the harm is sufficiently serious to justify this; Articles 47 and 49 of the Code of Obligations apply by analogy. 2 The satisfaction is determined by the seriousness of the harm. 3 It may not exceed 70,000 francs. 4 Satisfaction shall only be awarded if no payment or an insufficient payment is made by other persons. The satisfaction shall be reduced by the amount of any satisfaction payments made by other persons.
Para. 1 — SR 220
Art. 66 Claim, deadlines and interest
1 Any person who wishes to claim compensation or satisfaction must file a claim with the FDHA. 2 Any person who has been harmed by a vaccination must file the claim for compensation or satisfaction before reaching the age of 21 or within five years of the vaccination. 3 No interest shall be payable on the compensation or the satisfaction.
Art. 67 Reduction or exclusion of compensation or satisfaction
The FDHA may reduce the compensation or satisfaction or forego making any payment if the person suffering harm was substantially to blame for the harm suffered.
Art. 68 Allocation of costs
1 In the case of recommended vaccinations, the Confederation and the canton in which the vaccination takes places shall each pay one half of the costs of the compensation or satisfaction. 2 In the case of compulsory vaccinations, the entire costs of the compensation or satisfaction shall be paid by: a. the Confederation if it has declared the vaccination to be mandatory; b. the canton that declared the vaccination to be mandatory.
Art. 69 Responsibility and procedure
1 The FDHA decides after consulting the Federal Commission for Vaccination and the canton concerned whether compensation or satisfaction is to be paid. 2 Any person who claims compensation or satisfaction must credibly demonstrate that other persons have not made any payments or that the payments made by other persons are inadequate. 3 Appeal proceedings are governed by the general provisions on the administration of federal justice.
Section 3 Cover for Claims against Manufacturers
Art. 70
1 The Confederation may undertake to cover any loss or damage for which the manufacturer of a therapeutic product under Article 44 may be held liable as the consequence of the product being used as recommended or ordered by the Confederation in a special or extraordinary situation. 2 The extent and the modalities of the cover shall be set out in an agreement between the Confederation and the manufacturer.