A South Korean court has ruled that the government must compensate the family of an individual who died of a cerebral hemorrhage a week after receiving the COVID-19 vaccine.
The deceased, who collapsed two hours after vaccination, was subsequently diagnosed with Moyamoya disease during treatment.
On Monday, legal sources reported that the Seoul Administrative Court, presided over by Judge Kim Young-min, had recently ruled in favor of the plaintiff. The spouse of the deceased had filed a lawsuit against the Korea Disease Control and Prevention Agency (KDCA) Commissioner to overturn the agency’s refusal of compensation for vaccine-related injuries.
The individual received a Pfizer vaccine on December 28, 2021, and collapsed at home just two hours later. After being rushed to the hospital, the patient was diagnosed with an intracranial hemorrhage. Despite treatment efforts, they passed away a week later on January 4.
Prior to vaccination, the individual had no history of cerebrovascular disease. The diagnosis of Moyamoya disease was discovered during treatment following the post-vaccination collapse.
Moyamoya disease is a chronic cerebrovascular condition where arteries in the brain become blocked, leading to the formation of smaller collateral vessels called the “moyamoya.”
The family sought compensation, arguing that the death resulted from the vaccine. However, the KDCA rejected the claim, stating that the direct cause of death was the intracranial hemorrhage, and it is difficult to establish a causal link with the vaccination.
The court acknowledged the “temporal proximity” between the vaccination and death.
The family filed an administrative lawsuit to appeal the decision, which the court ultimately supported. The court’s reasoning hinged on the close timing between the vaccination and death, coupled with the absence of any Moyamoya-related symptoms prior to vaccination. These factors made it challenging to definitively rule out a connection between the intracranial hemorrhage and the vaccine.
The court emphasized the “temporal proximity,” noting that the individual collapsed just two hours after vaccination and died seven days later.
Furthermore, the court highlighted that the patient had no prior diagnosis or treatment for cerebrovascular diseases, including Moyamoya disease. The condition was only discovered during hospital treatment after the collapse. Given the lack of previous symptoms and the uncertainty regarding the disease’s progression at the time of vaccination, the court found it difficult to conclude that the intracranial hemorrhage was entirely unrelated to the vaccine.
The court added that it was not possible to attribute the death solely to other causes and not the vaccination. Moreover, since it is not medically or empirically impossible to infer that the hemorrhage resulted from the vaccination, the court concluded it is reasonable to see a causal relationship.
The court also pointed out that the COVID-19 vaccines had received approval through an exceptional emergency procedure, unlike other vaccines for infectious diseases.
It further noted that the potential adverse effects and their specific probabilities following vaccination remain unclear to this day.
In response to this ruling, the KDCA has filed an appeal.
