April 15, 2024 ∙ ARTICLE

This Article analyzes the logistics and operational considerations, as well as the equity aspects of the approach to liability and indemnification requirements, in respect of COVID-19 vaccines distributed through the COVAX Facility, a global risk-sharing mechanism for pooled procurement and equitable distribution of COVID-19 vaccines that was launched on April 24, 2020. While there is a significant body of literature assessing the original equity rationale behind COVAX, there has been less investigation as to how the risks of vaccines, as opposed to their benefits, were shared within COVAX’s redistributive scheme. In addition to analyzing logistical and operational considerations, this article examines the existing available evidence as to how the risks of vaccination were framed and managed through the establishment of the COVAX No-Fault Compensation Program for advance market commitment (“AMC”) Eligible Economies (the “Program”). The Program was developed by the World Health Organization (“WHO”) for the benefit of the COVAX conveners and is independently administered by an experienced claims administrator. The article aims to identify key areas where equitable access concerns were raised, how they were addressed, and what lessons may be learned for planning for distribution and liability and indemnity barriers going forward.

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