Pharmaceutical injury refers to any bodily illness or injury or a psychic disease likely to result from a pharmaceutical taken by the injured party. Pharmaceutical injury is always an injury to person.
How causal connection is established
Before any compensation can be paid, there must be a likely causal connection between the use of the pharmaceutical and the adverse effect. Use of pharmaceutical must turn out to be the most likely cause of the injury when all the causes are considered as a whole. If this causal connection is considered to be merely possible in a situation where there are many other possible causes to the injury and use of pharmaceutical is not any more likely than the other causes, the injury is not covered.
This causal connection is established with the help of information contained in adverse effects registers and compiled works published thereon as well as in medical journals. Other factors considered for this purpose include the person's overall health and diseases, treatment received, and any other medication taken.
Compensable pharmaceutical injury
To qualify for compensation under pharmaceutical injuries insurance, use of pharmaceutical must result in a loss of functional ability lasting at least 14 days without interruption or in a permanent physical injury or illness or death. If the injury is not severe enough to meet any of these descriptions, the injured is only paid compensation for the expenses incurred and loss of income suffered, if these together amount to more than €85 after deduction of any amounts that may be due out of public or statutory compensation schemes.
Compensable pharmaceutical injuries and policy exclusions are defined in more detail in the terms and conditions governing pharmaceutical injuries insurance: Pharmaseutical injuries insurance - General Terms and Conditions (pdf)