Vaccination Injury and Health Authority Liability

1. The facts

   The case originates from an appeal by the parents of a minor who, according to Il Sole 24 Ore and Studio Legale MP, had sued a local health authority for serious neurological damage suffered by their son. Following the administration of a mandatory hexavalent vaccination and a subsequent recommended vaccination against measles, mumps, and rubella, the child experienced a psychophysical regression culminating in a diagnosis of autism. Although the minor had already been granted the statutory indemnity, the parents sought full compensation for biological damage. The case reached the Supreme Court after the lower courts had either rejected the claim or granted only limited relief for the violation of the right to self-determination, denying the causal link between the vaccine and autism. The Supreme Court definitively confirmed this approach, affirming the separation between social welfare protections and ordinary tort liability.

2. The rules at play

   The regulatory framework centers on Law no. 210/1992, which governs indemnity for individuals harmed by irreversible complications caused by mandatory vaccinations, establishing a social solidarity obligation on the State. Fundamental is Art. 32 of the Constitution, which protects health as a fundamental right and subjects mandatory medical treatments to the reserve of law. Regarding consent, Law no. 219/2017 mandates that every treatment, even if recommended, must be preceded by adequate information. Finally, Art. 2697 of the Civil Code governs the burden of proof: while a reasonable scientific probability suffices for indemnity, civil compensation against the Health Authority requires proving the causal nexus according to the preponderance of evidence, overcoming scientific uncertainty.

3. What the jurisprudence says

   Jurisprudence has clarified that the causal nexus must be established on the basis of global scientific consensus. For conditions such as autism, courts have consistently noted the absence of scientific evidence linking vaccination to the disease, rejecting compensation claims even when indemnities have already been awarded. Established case law emphasizes that indemnity is welfare-based and does not presuppose unlawful conduct, whereas compensation requires proof of fault by the facility or a product defect. Furthermore, constitutional jurisprudence has extended indemnity protection to recommended vaccinations, holding it unreasonable to discriminate against those who comply with a health authority recommendation for the public good. Regarding informed consent, courts have established that its absence constitutes an autonomous head of damage, provided it is proven that, given proper information, the parent would have made a different choice.

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8. What it teaches professionals

   1. Always distinguish in the defense strategy between a claim for indemnity under Law no. 210/1992 and a civil damages action, as the legal requirements and statutes of limitations differ.
   2. Carefully verify the state of the art in scientific literature prior to initiating litigation regarding causal nexus, so as to avoid defeat driven by settled case law.
   3. Highlight the profile of lack of informed consent as an autonomous head of damage, focusing proof on the alternative decision the client would have made had proper information been provided.
   4. Monitor the evolution of constitutional jurisprudence, which increasingly equates recommended vaccinations with mandatory ones for indemnity purposes.

References: Art. 32 CostituzioneLegge n. 210/1992Legge n. 219/2017Art. 1218 Codice CivileArt. 2697 Codice Civile

Editorial oversight: Avv. Federico Papa·ICAMUpdated 16 August 2026Content drafted with AI support and subject to editorial source checks. Despite these controls, inaccuracies may remain: reports and rectification requests are welcome. Report a correction