Problem issues regarding to COVID-19’s Vaccine under the provision of the Product Liability Act B.E. 2551: Comparative law analysis

Abstract

          The COVID-19 pandemic has made vaccines a critical component of public health systems. However, legal questions have also arisen concerning the liability of manufacturers and importers in cases where adverse effects or harm occur in vaccine recipients. This research aims to examine the legal challenges surrounding COVID-19 vaccines under Thailand’s Product Liability Act B.E. 2551 (2008), while comparing legal approaches from jurisdictions such as the United States, the United Kingdom, Germany, and Japan. The study finds that although the Thai Act imposes strict liability on producers and importers—requiring no proof of fault—it lacks essential defenses found in comparative systems, such as the “state of the art” defense and a no-fault compensation system. The absence of such legal mechanisms may lead to an imbalance between consumer protection and the public health policy goal of promoting widespread vaccination, especially when dealing with inherently risky medical products.

          This research recommends amending the Act to explicitly incorporate the “state of the art” defense, establishing a no-fault vaccine injury compensation fund, and developing clear protocols for risk communication and informed consent. These measures would better address the complexities of advanced medical products and their wide-scale use in public health contexts