The affidavit came in response to a petition filed by parents of two young women who died after being administered the Covid vaccination last year
Government cannot be held liable for adverse effects due to Covid vaccination, the Centre told Supreme Court.
In a recent affidavit, the Centre said that in cases where a death is found to be induced due to the vaccine, the only remedy is to seek compensation by filing a suit in a civil court.
The affidavit came in response to a petition filed by parents of two young women who died after being administered the Covid vaccination last year.
The petition demanded an independent investigation into the deaths and an expert medical board to prepare a protocol for early detection and timely treatment of adverse effects following immunization (AEFI).
Filing its response to the petition last week, the ministry of health and family welfare said, “Holding the state liable to provide compensation under the narrow scope of strict liability for extremely rare deaths occurring due to AEFIs from use of vaccines may not be legally sustainable.”
Offering sincere condolences for the two deaths, the Centre said that only in one case, the investigation by the National AEFI Committee found the cause of death to be vaccine-related AEFI.
Denying the petition’s prayer for compensation, the ministry said, “If a person suffers physical injury or death from AEFI, appropriate remedies in law are open to vaccine beneficiaries per their families including approaching the civil courts for a claim of damages/compensation.”
Such claim for negligence is to be decided on a case-to-case basis.
The petition argued by senior advocate Colin Gonsalves had pointed out that these deaths would not have resulted had there been informed consent of its after-effects.
The Centre told the Court, “The concept of informed consent is inapplicable to the voluntary use of drug such as vaccine.”