Facts
Pediatrician Dr. A. administered DTP, Polio, and Meningitis vaccinations to X., born on 15 February 1994, at the ages of two and four months, in accordance with the recommendations of the Federal Office of Public Health. Following the second vaccination, X. developed severe health problems that ultimately led to 100% permanent disability. X.'s mother then sued the Canton of St. Gallen for damages based on Art. 23 para. 3 of the Epidemics Act (EpidA). The lower instances dismissed the claim, as the cantonal liability under this provision only applies subsidiarily if the damage is not otherwise covered.Considerations
The Federal Supreme Court confirmed the interpretation of the lower instances. Art. 23 para. 3 EpidA constitutes a general liability provision, under which the cantons are generally obliged to compensate for vaccine injuries, insofar as they are not otherwise covered. This subsidiary liability of the canton only arises if the primarily liable parties, such as the treating physician or their liability insurance, are unable to fully cover the damage. Such a restrictive interpretation corresponds to the…