Clarifying the Scope of Drug Injury Relief System from the Perspective of Risk Allocation in Drug Usage: Focus on Article 13, Subparagraph 9 of the Drug Injury Relief Act
Taiwan drug injury relief system provides timely relief for drug injuries resulting in serious illness, disability or death, despite the proper use of legal drugs. Victims or their families may request for the relief according to the Drug Injury Relief Act (Act), provided that all of the requirements stipulated under the Act are met and no conditions prescribed in Article 13 of Act are noted. The Constitutional Court under the Judicial Yuan (J.Y.) issued J.Y. Interpretation No. 767 and declared that Article 13(9) of Act (i.e., the common and foreseeable adverse reaction from drug usage is not eligible for the drug injury relief) contradicted neither to the principle of clarity and definiteness of law nor to the proportionality principle in July, 2018. Since then, widespread criticism has been risen from Taiwanese society. Different from most of the published articles, in relation to the J.Y. Interpretation No. 767 or Article 13(9) of Act, focus on the principle of clarity and definiteness of law, this article tries to clarify the scope of drug injury relief system, especially the rationale behind Article 13(9) of Act, from the perspective of risk allocation in drug usage.