The pandemic led to the entire world shut down. The one ray of hope that the people had was when the vaccines were released and vaccinations for the virus started. The most prominent vaccine in the country is Covishield that is manufactured by the Serum Institute.
Facts
The petitioner in the case is Asif Riaz, who is a businessman. He had undergone the vaccination trials in its third phase. The vaccine was given to the petitioner on 1st October 2020. Riaz was admitted to the hospital from 11th October 2020 to 26th October 2020 due to the side effects of the vaccine. It is claimed by the petitioner that he suffered from acute neurological encephalopathy, a condition that causes functional alteration of mental status due to systemic factors. The petitioner stated that he suffered in addition to various neurological issues such as trembling of hands, anxiety etc, the loss of work opportunities.
Arguments
The petitioner contended that he volunteered for the trial
“in the larger effort to find a solution to the dismal situation because of COVID-19.” The petitioner also stated that in his submission that “I submit that I believed the assertion about the safety of the vaccine in the Participant Information Sheet and decided to volunteer to take the vaccine.”
The main contention of the petitioner who underwent the trails was that the respondents, who were the manufacturers of the vaccine were trivialising the side effects of the vaccines. He reiterated the same by stating that the actions of the respondents were
“unethically and unscientifically trying to brush it aside as inconsequential.”
The petitioner also submitted while concluding his petition that
“The move to manufacture the said vaccine commercially and distribute it to the general public as a safe vaccine is totally dishonest and goes against the WHO guidelines, as also the safety norms laid down by the 2019 Rules.”
The petitioner prayed for Rs. 5 crore damages for the suffering he and his family were put through along with the mental distress they suffered and the medical expenses incurred.
Court’s Order
The Madras High Court issued notice to Health Secretary, Drugs Controller General of India, Director-General of ICMR, CEO of Serum Institute, CEO of Astra Zeneca UK, and Chairman of the Ethics Committee. The notice was with regard to the side effects that were suffered by the petitioner on undergoing the trail of the vaccination. The matter has been scheduled to be heard on March 26th.
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