There are currently no laws in India that would protect victims of the COVID-19 vaccine side-effects according to legal experts. There is no law for vaccine compensation in India. Moreover, governments have signed secret agreements with coronavirus vaccine manufacturers as per which the pharma companies cannot be held legally in case of an adverse reaction to the vaccine or in worst case if a patient dies from the vaccine. In contrast, the US government paid over $57 million in compensation for vaccine injuries and deaths till March 2020 alone.
Medical experts and virologists have expressed concern over AstraZeneca, which is working in collaboration with the Oxford University to develop a COVID-19 vaccine, seeking exemption from liability and asking for indemnity from the side effects of their vaccine for four years, saying this has never happened before and could set an incorrect precedent for future drug and vaccine development.
This is for the first time that ‘indemnity clause’ is being introduced seeking vaccine liability exemption, which is questionable and also against medical ethics. A practice, if allowed, will have far more ramifications.
When contacted Dr Wiqar Shaikh, senior allergy and asthma specialist told Mid-Day,
“AstraZeneca sought indemnification against both side effects and mortality for their new yet to be launch COVID-9 vaccine, claiming cover that the vaccine is in the national interest of all nation.
In the United States, there is already a law, to exclude liability claims against Pharma companies, for various products, which could help control, public health catastrophe, this law is called ‘Public Readiness and Emergency Preparedness (PREP) Act 2005.
This happened when the supreme court in USA, ruled in favour of protecting vaccine makers from state lawsuits. The court reached the decision, considering that the federal, protect vaccine makers from product liability suits, that seek damages for injuries, or death attributed to a vaccine.
The only exemption to PREP Act’s blanked liability protection, to the pharma industry is when a victim, can show evidence of a manufacturer, wilful misconduct. However the European doesn’t have such an act and therefore it is a point of dissent between the European Union and Pharma companies.
Also, no such acts exist in India.”
Dr Ketan Vagholkar, Professor of Surgery at D Y Patil Medical College, told Mid-Day,
“Indemnification of a vaccine in evolution, is unheard of. The fact remains that the COVID-19 vaccine is still under trial process and is not fully developed. Therefore, the protective efficacy, short term and long-term side effects/complications on human subject are yet to be defined.”
“This impulsive measure, indicates that there is growing pressure from government of developed nations to allow this concept of indemnification. It seems to be a sort of damage control measure to cover up, the mistakes, in the last four months to control the pandemic outbreak of COVID. If allowed, to indemnify the vaccine, the entire world, will follow the same principle, which could set a wrong precedent for any future drug or vaccine development.”
“It appeared that there is a big rat race, amongst pharma giants, to develop such a vaccine, without sound scientific basis, for huge financial benefits. The patients will be helpless sufferers of this indemnity concept.”
Solicitor Stuti Galiya told Mid-Day that there is, “No Specific Law In Relating To Vaccine Compensation, In India.”
“Most of the countries across the world have specific vaccine compensation program, for providing compensation to victims in the event of injury, harm or death caused on account of use of particular vaccine.
There are various laws in India dealing with the issue of vaccination, such as, the Epidemic Diseases Act, 1897, Drugs and Cosmetics Act, 1940, the Vaccination Act, 1880, etc. However, in India, there is no specific law relating to vaccine compensation. Hence, the only option for an aggrieved party is to file legal proceedings under these general laws.”
“The courts have in various cases, stressed upon the fact that whilst in any vaccine program, the possibility of side effects cannot be completely ruled out. However, under the constitution, it is the responsibility of the Government to gear up to its machinery to meet any such eventuality or liability related claims.
In case of failure on the part of the Government, an action could lie against the Government (where such a vaccination program is administered through the state). In case of any medical negligence in handling, a case would also lie against the concerned health care provider under consumer protection laws.”
As reported by GreatGameIndia earlier, governments have signed secret agreements with coronavirus vaccine manufacturers as per which the pharma companies cannot be held legally in case of an adverse reaction to the vaccine or in worst case if a patient dies from the vaccine.
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A whistleblower from AstraZeneca revealed in shocking details that the company could not be on the receiving end of any constitutional motion or face legal action for any possible side effects or unwanted reactions induced by its Covid-19 vaccine. The company has secret agreements with governments as per which AstraZeneca cannot be held responsible and those affected will have no legal recourse.
The mainstream media has conveniently suppressed the most important fact that COVID-19 vaccine maker Pfizer had to pay $2.3 billion in the largest healthcare fraud settlement in history to resolve criminal and civil liability arising from the illegal promotion of certain pharmaceutical products.
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