Man Files Plea In SC Claiming He Got Disabled After Taking Covid-19 Vaccine, Here's What Court Said

The Supreme Court on Monday asked a petitioner, who claimed to have suffered disability due to the side-effects of Covid-19 vaccine's first dose, to file a suit for damages instead of pursuing his plea. 

An SC bench, compromising of Justices BR Gavai and Augustine George Masih made the observation, while hearing the petition seeking guidelines for addressing Adverse Events Following Immunisation (AEFI), particularly linked to Covid-19 vaccines.

“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 bench added.

The petitioner's counsel told the court that the man suffered severe side effects after taking the first dose of the the Covishield vaccine and he developed 100 per cent lower limb disability. Justice Gavai, however, questioned the maintainability of a writ petition in such matters, reiterating that a civil suit for damages was more appropriate.

The counsel further mentioned that two other similar petitions were already pending before coordinate benches of the apex court. The bench added that the petitioner’s case could be tagged along with those, if desired, but warned that the matter might remain unresolved for years.

The bench said the plea might be pending in the apex court for 10 years and might not see the light of the day. The petitioner’s lawyer sought a week’s time to consult his client, which the court granted.

The plea also urged the Centre and the Serum Institute of India (manufacturer of Covishield) to provide compensation, cover medical expenses, and ensure support for the petitioner to live with dignity as a person with a disability. 

The petition also sought a direction to the vaccine manufacturers to reimburse his medical expenses and take responsibility for his future medical expenses for the treatment of his physical disability after being administered the first dose of the vaccine. Additionally, the plea sought a direction to grant compensation to the petitioner for his physical disability if his condition was found to be untreatable. 

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