Experts call for policy to pay for Covid vaccine reactions

HYDERABAD: With no vaccine compensation policy at the central and state-level, experts opine that victims are facing a challenge in getting compensation for the vaccine-induced deaths and injuries.

However, the victims can approach the court by filing a law of torts case or criminal case under 304 A of IPC.

While the central government has stated in the Parliament that there is no provision of compensation for any adverse events following immunisation, the nine confirmed vaccine-induced deaths in the country, including two in Telangana, have kicked off a legal debate.

When asked about the compensation of two vaccine reation deaths in Hyderabad and Jogulamba Gadwal, Dr G Sudheera, joint director of immunisation in state said, "Government won't give compensation to the victims in Adverse Events Following Immunization (AEFI) case as per the provisions."

Legal experts say that both the government and the manufacturers of vaccines are liable. However, the victims have to file a complaint on their own. "If the plaintiff can prove in court the incident happened due to fault of vaccine maker and government, they can get compensation," advocate K Balaraj said.
A research paper titled "Compensation for vaccine-related injuries and death in India" published in Indian Journal of Medical Ethics by researchers Sneha Banerjee from Gauhati University and Divya Bhagianadh has emphasised on the need for a compensation policy for AEFI. The researchers said, "In absence of compensation policy in the country, people evoke tort law. 19 countries have compensation mechanisms for victims. Establishing a casualty is difficult in India."