A qualitative socio-legal research in developing sustainable vaccine injury compensation mechanism in Malaysia: issues and challenges


Citation

Nurul Masirah Mustaffa, . and Fahirah Syaliza Mokhtar, . and Akmalia Mohamad Ariff, . (2023) A qualitative socio-legal research in developing sustainable vaccine injury compensation mechanism in Malaysia: issues and challenges. Journal of Sustainability Science and Management (Malaysia), 18 (11). pp. 37-57. ISSN 2672-7226

Abstract

Vaccination has been demonstrated to combat severe illnesses to decrease infectious disease effectively. Nevertheless, the possibility of adverse events following immunisation (AEFI), commonly known as vaccine injury cannot be disregarded. Hence, it is reasonable for impacted parties to seek compensation for any injury sustained due to vaccination. However, many are still concerned about the dissatisfaction with the current compensation mechanism for vaccine-induced injuries. Thus, this study aims to examine the current issues and hurdles encountered by vaccine injury compensation mechanisms in Malaysia through legal proceedings, using a qualitative approach, interviews, and document reviews for data collection. The findings found four mechanisms for injured parties to obtain compensation. They are the Civil Law Act 1956, the Consumer Protection Act 1999, the Contracts Act 1950 and the administrative programme. Ten issues have been discovered relating to existing vaccine injury mechanisms. They are the lack of consumer awareness, gaps in consumer protection literacy, strict burden of proof, time-consuming litigation, high cost of litigation, time limitation, defendants’ defensiveness, the lacunae in the law and complicated procedure. This study holds great importance regarding enhancing vaccine injury compensation mechanisms. The research proposes remarkable measures to overcome the difficulties associated with vaccine injury compensation mechanisms, with the ultimate goal of attaining social equality that leads to the success of the National Immunisation Programme (NIP) as well as contributing towards the achievement of Sustainable Development Goals (SDG) 16: Promote just, peaceful and inclusive societies.


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Abstract

Vaccination has been demonstrated to combat severe illnesses to decrease infectious disease effectively. Nevertheless, the possibility of adverse events following immunisation (AEFI), commonly known as vaccine injury cannot be disregarded. Hence, it is reasonable for impacted parties to seek compensation for any injury sustained due to vaccination. However, many are still concerned about the dissatisfaction with the current compensation mechanism for vaccine-induced injuries. Thus, this study aims to examine the current issues and hurdles encountered by vaccine injury compensation mechanisms in Malaysia through legal proceedings, using a qualitative approach, interviews, and document reviews for data collection. The findings found four mechanisms for injured parties to obtain compensation. They are the Civil Law Act 1956, the Consumer Protection Act 1999, the Contracts Act 1950 and the administrative programme. Ten issues have been discovered relating to existing vaccine injury mechanisms. They are the lack of consumer awareness, gaps in consumer protection literacy, strict burden of proof, time-consuming litigation, high cost of litigation, time limitation, defendants’ defensiveness, the lacunae in the law and complicated procedure. This study holds great importance regarding enhancing vaccine injury compensation mechanisms. The research proposes remarkable measures to overcome the difficulties associated with vaccine injury compensation mechanisms, with the ultimate goal of attaining social equality that leads to the success of the National Immunisation Programme (NIP) as well as contributing towards the achievement of Sustainable Development Goals (SDG) 16: Promote just, peaceful and inclusive societies.

Additional Metadata

[error in script]
Item Type: Article
AGROVOC Term: vaccines
AGROVOC Term: side effects
AGROVOC Term: civil law
AGROVOC Term: public health legislation
AGROVOC Term: compensation
AGROVOC Term: qualitative analysis
AGROVOC Term: local government
Geographical Term: Malaysia
Uncontrolled Keywords: Vaccine injury, VICP, Malaysia
Depositing User: Mr. Khoirul Asrimi Md Nor
Date Deposited: 23 Oct 2025 10:16
Last Modified: 23 Oct 2025 10:16
URI: http://webagris.upm.edu.my/id/eprint/2152

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