Responsabilidad del estado colombiano por posibles daños a la salud a causa de la implementación de la vacuna contra el virus covid 19.

Abstract

With the rapid expansion of the COVID -19 virus since the end of 2019, it became necessary for the world's largest private pharmaceutical organizations, as well as the governments of the most affected countries, including the World Health Organization, to put in place plans of contingency and prevention against a virus that triggered the pandemic that the world community continues to experience on the day of the presentation of this project. Similarly, along with these containment and prevention measures, research and development became necessary in a state of global health emergency, of a vaccine that met the minimum standards of efficacy and safety to be applied in humans with the to eradicate the pandemic through herd immunity. Since the situation is so pressing, not only due to health factors, but also due to the socioeconomic impact it has had worldwide, the scientific race for the creation of a vaccine against COVID-19 means that the vaccines currently created and applied to the population worldwide, are given in an emergency framework and, consequently, that their mass application takes place within the experimental stage of the same. For this reason, the need arises to determine, at least in Colombian territory, whether the State is responsible for the secondary effects caused to people who, due to vaccination against COVID-19, suffer damages to their health, physical integrity, mentally or in life itself. It will then be sought to determine the non-contractual liability of the State for the damages that may be caused as a result of vaccination against COVID-19, as well as the compensation regime that exists against this contingency in light of the regulatory and jurisprudential framework (if the latter already exists) related to the vaccination scheme established by the National Government in this State of Sanitary and Ecological Emergency