Case Overview:

The Seoul Administrative Court ruled in favor of a widow who challenged the Korea Disease Control and Prevention Agency (KDCA) for denying compensation related to her husband’s death after COVID-19 vaccination.

The court recognized a causal relationship between the vaccine and the man’s fatal cerebral hemorrhage, overturning the KDCA’s refusal of compensation.


Facts of the Case:

The deceased, Mr. A, who had no prior diagnosis of cerebrovascular disease, received a COVID-19 vaccine on December 28, 2021.

About two hours later, he collapsed at home and was rushed to a university hospital, where he died seven days later.

Medical examinations showed intracranial hemorrhage (bleeding in the brain), and doctors performed craniectomy (skull removal surgery) to reduce pressure, but his condition did not improve.

The official cause of death was listed as intracranial hemorrhage.


KDCA’s Decision:

The KDCA rejected the compensation claim, arguing that the death could not be causally linked to vaccination, citing preexisting moyamoya disease (a condition that narrows brain arteries and can cause bleeding).


Court’s Ruling:

The court disagreed, stating that it was not possible to conclude that the death was caused solely by other factors and that a causal link to the vaccine could not be ruled out based on medical theory or experience.

It noted that Mr. A had never been diagnosed or treated for moyamoya disease before vaccination and showed no related symptoms prior to the event.

The moyamoya disease was discovered only after hospitalization, and the exact timing or severity before vaccination remained uncertain.

Therefore, the court found it unreasonable to exclude the vaccine as a contributing factor.


Supporting Evidence and Medical Context:

The ruling cited medical studies showing increased rates of brain hemorrhage among moyamoya patients after COVID-19 vaccination, suggesting that vaccination may aggravate underlying vascular conditions.


Outcome:

The court revoked the KDCA’s denial and ruled that compensation should be granted to the deceased’s spouse.


Significance:

This is one of the few Korean court decisions recognizing a causal link between a COVID-19 vaccine and death.

The judgment emphasizes that causality need not be proven with absolute certainty when a plausible medical link exists.

Article: https://www.lawtimes.co.kr/Case-curation/211617