The Superior Court of Québec concluded that, on the one hand, there was evidence of a causal hyperlink between the vaccine, encephalitis and subsequent incapacity and, then again, absence of any fault. The Court decided in opposition to the Government on the basis of a no fault liability ensuing from necessity. Indeed, it was thought of that the moral suasion exercised on the public to be vaccinated was the equivalent of a compulsory program and that damages suffered by a person for the profit of the group have to be borne by the latter. The work to ensure a vaccine is secure starts earlier than the regulatory course of even begins.

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