Today, On 21st April, The Supreme Court has directed a man to file a civil suit for damages after he claimed he became disabled following the first dose of the Covid-19 vaccine. The court clarified that compensation claims in such cases must follow proper legal procedures.
New Delhi: The Supreme Court advised a petitioner, who claimed to have suffered a disability due to the side effects of the first dose of the Covid-19 vaccine, to pursue a lawsuit for damages rather than continuing with his plea.
A bench consisting of Justices B R Gavai and Augustine George Masih made this recommendation while considering the petition, which sought guidelines for effectively addressing adverse effects following immunization (AEFI), specifically related to Covid-19 vaccinations.
The bench remarked,
“If you keep your petition pending here, nothing will happen for ten years. At least if you file a suit, you will get some quick relief,”
The petitioner’s counsel explained that the individual was experiencing severe adverse effects from the vaccine, resulting in 100 percent disability in his lower limbs.
Justice Gavai responded,
“How can a writ petition be filed for that? File a suit for damages.”
The counsel noted that there were two other petitions regarding similar issues currently pending in the Supreme Court, with notices already issued by the coordinated benches.
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The court indicated that it could merge the petitioner’s plea with those ongoing cases if desired.
The bench emphasized that his plea might remain unresolved for an extended period, possibly up to ten years. The counsel then requested a week to discuss the matter with his client.
The bench observed,
“At least if a suit is filed, within one year or two years or three years, you will get some relief,”
The matter was subsequently scheduled for a follow-up in a week.
The petition called for directions to the Centre and the Serum Institute of India, the manufacturer of the Covishield vaccine, to ensure the petitioner could live with dignity as a person with a disability.
It also sought reimbursement for his medical expenses and responsibility for future medical costs related to his physical disability resulting from the vaccine.
Additionally, the plea requested compensation for the petitioner if his condition was deemed untreatable.
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