Frame relief policy for adverse events after Covid shot: SC to Govt, Pg14

Key Highlights:

• The Supreme Court directed the Central Government to formulate a no-fault compensation policy for serious adverse events following Covid-19 vaccination.
• The court emphasized the state's responsibility to provide fair compensation to those who suffered vaccine-related injuries.
• The order came in response to a plea filed by parents seeking compensation for the death of their daughters after receiving the Covishield vaccine.
• The court acknowledged the ICMR and NCDC studies affirming no direct link between vaccines and deaths, but also recognized the possibility of AEFI.

Detailed Insights:

• The Supreme Court's directive ensures that individuals who experienced injuries from Covid-19 vaccination can claim compensation without proving negligence.
• The court has directed that the existing mechanism for monitoring Adverse Events Following Immunization (AEFI) continue to operate, with data regularly placed in the public domain.
• The bench clarified that it was not questioning the vaccine efficacy or the regulatory approval process, but addressing the lack of a uniform remedy for families alleging harm during the state-led vaccination program.
• The court rejected the plea for a separate court-appointed expert body, citing existing mechanisms for scientific assessment of AEFI.
• The Centre had argued that establishing causality between vaccination and death requires scientific assessment, and their assessment found no relation between the two.
• The Supreme Court order also addressed an appeal by the Centre against a Karnataka High Court order to formulate a policy for identifying AEFI cases and compensating families of the deceased.
• The court highlighted the State's role as an active guardian of welfare and dignity, referencing Article 41 of the Directive Principles of State Policy, which speaks of public assistance in cases of sickness and disablement.

Key Concepts Involved:

• No-fault compensation: A system where compensation is provided without the need to prove negligence or liability.
• AEFI (Adverse Events Following Immunization): Any untoward medical occurrence after vaccination, which does not necessarily have a causal relationship with the vaccine.
• Directive Principles of State Policy: Guidelines for the state to follow in governing, aiming at social and economic justice.