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Supreme Court orders Centre to frame ‘no-fault’ compensation policy for serious COVID-19 vaccine side effects

The Supreme Court order ensures that those who suffered injuries from COVID-19 vaccination can claim compensation without needing to prove negligence or liability.

In that case, the apex court said that “information relating to adverse effects following immunisation is crucial for creating awareness around vaccines and their efficacy, apart from being instrumental in further scientific studies around the pandemic”.In that case, the apex court said that “information relating to adverse effects following immunisation is crucial for creating awareness around vaccines and their efficacy, apart from being instrumental in further scientific studies around the pandemic”. (Photo/https://www.sci.gov.in/)

The Supreme Court Tuesday asked the Centre to formulate a no-fault compensation policy for people who experienced serious adverse effects following COVID-19 vaccination.

A bench of Justices Vikram Nath and Sandeep Mehta also directed that the existing mechanism for monitoring adverse events continue to operate and that the data be regularly placed in the public domain, as previously ordered on May 2, 2022, in Jacob Puliyel vs Union of India.

In that case, the apex court said that “information relating to adverse effects following immunisation is crucial for creating awareness around vaccines and their efficacy, apart from being instrumental in further scientific studies around the pandemic”.

On Tuesday, the apex court also directed the Centre “to facilitate reporting of suspected adverse events by individuals and private doctors on an accessible virtual platform”. “These reports shall be made publicly accessible, without compromising on protecting the confidentiality of the persons reporting,” said the court.

Tuesday’s order ensures that those who suffered injuries from COVID-19 vaccination can claim compensation without needing to prove negligence or liability.

The SC order came on a plea filed by two parents seeking compensation for the deaths of their daughters, aged 18 and 20, after they received their first doses of the Covishield vaccine. They contended that their children suffered from severe Adverse Events Following Immunisation (AEFI).

They said that, though they approached the authorities, they received no satisfactory answer. The petitioners also sought the setting up of an expert committee to inquire into AEFI.

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However, the Supreme Court rejected the prayer for a separate expert body to examine AEFI, saying prevailing surveillance and monitoring mechanisms would continue. The court added that the direction to frame a no-fault compensation policy shall not be construed as an admission of liability or fault on the part of the Centre or any other authority.

 

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