Why Covishield vaccine case doesn’t qualify for medical negligence in India
Published by Business Standard
In the UK, AstraZeneca faces legal challenges as about 75 individuals have alleged its Covid-19 vaccine caused deaths and serious injuries, such as thrombosis with thrombocytopenia syndrome (TTS).
In India, however, the impact on Covishield users is limited by several factors. Given the oversight of different regulatory bodies and that Covishield is produced locally by Serum Institute of India, Indian users may not be able to join the British lawsuit. Advocate Manisha Karia from the Supreme Court of India outlines legal steps affected Indians might consider:
1. Drug and Cosmetics Act Grievance: Complaint against the manufacturer and the approving authority.
2. Consumer complaint for Product Liability: Seek damages under the Consumer Protection Act, 2019.
3. Criminal complaint: Addressing severe cases under sections of the Indian Penal Code, 1860.
4. Civil suit for damages: Pursue compensatory damages through civil courts.
5. Compensation for fatal accidents: Action under the Fatal Accidents Act, 1855, for bereaved families.