'Frame compensation policy for COVID vaccine side-effects': SC tells government
What's the story
The Supreme Court has directed the central government to create a no-fault compensation policy for serious adverse events following COVID-19 vaccination. The decision was taken by a bench of Justices Vikram Nath and Sandeep Mehta while hearing a petition seeking compensation for deaths allegedly caused by COVID-19 vaccine side effects. The court, however, emphasized that this policy should not be seen as an admission of liability or fault on the part of the Union government or any other authority.
Ruling
What court said
"Union of India to frame a no-fault compensation policy for serious adverse events following COVID-19 vaccination. The existing mechanism for monitoring adverse events following immunization shall continue and relevant data may be periodically placed in the public domain," the court ordered. "The formulation of the no fault framework shall not be construed as admission of liability or fault on the part of the Union of India or any other authority," the court clarified.
Petition details
Petitioners' daughters died due to brain clots post-vaccination: Plea
The court's ruling comes after a petition filed by Rachna Gangu and Venugopalan Govindan, whose twodaughters allegedly died due to adverse effects of COVID-19 vaccination. Senior advocate Colin Gonsalves, representing the parents, argued that the vaccine was mandated for public use even on children under voluntary pretenses. He claimed suppression of information about vaccine after-effects was institutionalized and healthy individuals like the petitioners' daughters suffered severe brain clots post-vaccination leading to their deaths.
Government response
Centre's stand on AEFI deaths, compensation
The Centre had argued against holding the state liable for compensation under strict liability for rare deaths due to AEFIs from vaccines. It maintained that COVID-19 vaccines are governed by a medical protocol in line with global best practices. The government had also filed an affidavit stating that 219.86 crore doses of COVID-19 vaccines were administered till November 2022, with 92,114 total AEFI reports, of which 2,782 were serious/severe (0.00013% of doses) and 1,171 deaths were reported.
Data importance
Court reiterates directions for public platform for reporting adverse events
The plea sought an independent committee to investigate the deaths, as well as that the autopsy and probe reports be released within a reasonable time frame. The petition also demanded monetary compensation for the parents and for the government to come up with guidelines for the early detection and treatment of people suffering from vaccine-related side effects.
Court
Judgement shall not preclude any person from pursuing remedy
However, the court opined that there is no need for setting up a new expert body. "No separate court appointed expert body is considered necessary in view of the existing mechanisms for scientific assessment of adverse events following immunization. It is clarified that the judgement shall not preclude any person from pursuing remedy available in law," the court said.