The Supreme Court on Monday advised a petitioner—who claimed to have developed a disability due to side effects from the first dose of the Covid-19 vaccine—to file a civil suit for damages rather than continue pursuing his writ petition.
A bench comprising Justices B.R. Gavai and Augustine George Masih gave this suggestion while hearing a plea that sought the formulation of proper guidelines for addressing Adverse Events Following Immunisation (AEFI), particularly in the context of the Covid-19 vaccination program.
Top court advices the petitioner to file a suit for damages
The petitioner’s counsel informed the court that the man had suffered 100% lower limb disability after receiving his first dose of the Covid-19 vaccine.
“How can a writ petition be filed for this? File a suit for damages,” Justice Gavai responded.
The lawyer further noted that two other similar petitions were already pending before the apex court, and coordinate benches had issued notices on them. The counsel requested a week’s time to consult with his client. “At least if a suit is filed, within one, two, or three years, you may get some relief,” the bench said before adjourning the matter for a week.
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SC says that the petitioner’s plea could remain unsolved for 10 years
The bench said that if the petitioner so desired, his plea could be tagged along with those pending cases. However, it also warned that such petitions might remain unresolved for years. “It might not see the light of the day for ten years,” the court observed.
“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 remarked.
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The petition had sought directions to the Central government and the Serum Institute of India, the manufacturer of Covishield, to ensure the petitioner could live a life of dignity as a person with a disability. It also requested reimbursement of incurred medical expenses and future healthcare costs related to the disability caused by the vaccine.
Additionally, the petitioner asked for compensation if his condition is deemed permanent and untreatable.
