Margin of Appreciation of Remedy for the Vaccination and Its Burden of Proof
This case is about an important case which was happened in Taiwan during the period of the vaccination of H1N1, 2009. The application of the legal remedy based on the death of the son of the applicant who had gotten injury after injecting a vaccine of H1N1 and had been examined as Acute Disseminated Encephalomyelitis (ADEM). He died at August, 2012 and his parent applied the remedy for the vaccination from Ministry of Health and Welfare at September. After being rejected, because there was no relation between the vaccination and the death which was believed by the commission of the remedy, an administrative action was filed. The remedy was finally confirmed by supreme administrative court. Due to the judgment of the causal relationship between the vaccination and the negative reaction in this case is great worth discussing and the judgment by supreme administrative court could be the landmark for the remedy of the vaccination which has a negative reaction, the causal relationship of the remedy of the vaccination and burden of proof are the core issues.