Conditions for receiving compensation

If you believe that you have sustained an injury in connection with the use of drugs or as a clinical trial subject, you may claim compensation. If you are entitled to compensation it will predominantly be your financial losses that are covered.

The injury must have been sustained as a result of adverse reactions

Generally, the injury must have been sustained as the result of adverse reactions to a drug that you, as a patient, should not reasonably be expected to deal with. Your medical condition prior to the use of the drug, the impact the drug has on your illness, the assumed and actual adverse reactions of the drug and the nature and scope of the injury will be emphasised. Known adverse reactions are a risk that must normally be accepted, as they are outweighed by the positive effects of the drug treatment.

You must have experienced financial loss

You must have experienced financial loss to be able to claim compensation. This could be loss of earnings, loss of provider or increased expenses for medical treatment, medication or transport that are not reimbursed.

If you have sustained permanent or substantial injury, compensation for permanent injury may be paid even if you have not suffered financial loss. Compensation for permanent injury is intended to compensate for reduced quality of life and personal fulfilment. The medical disability must be 15 percent or more.

You cannot claim compensation for pain and suffering.

The claim must not be too old

A claim must be submitted no later than three years after you became aware the that injury was caused by drug use. The drug must have been administered after 1 July 1989.

Drugs administered after 1989

The scheme applies to drugs administered for use after 1 July 1989. If you have sustained an injury as a result of drugs administered prior to this date, you need to raise your claim for compensation directly with the pharmaceutical company.