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Corona: What will you get if something happens after getting vaccinated? Learn

There are currently three vaccines for coronavirus available in India. These include an Oxford University-Astra Zeneca’s Covishield, Bharat Biotech Covaxin, and Russia Sputnik-V. In Despite the introduction of a large number of three vaccines, the demand for accelerating the pace of vaccination continues in the country at present. The government is also in talks with companies like Pfizer and Moderna to produce the vaccine in India. But both these companies have put forth the demand for indemnity. That is, if these companies have any side effects or ill effects from the corona vaccine, then they will be protected from legal liability and compensation will not be sought for any wrongdoing.

In such a situation, the thing to be known is that till now what provisions have been made by the Government of India regarding compensation and legal action on any side effect caused by the vaccine? The answer is that India’s drug laws do not provide for legal protection or indemnity while approving any new drug or vaccine. If any drug or vaccine is to be given indemnity, then its accountability will be fixed on the government. It will also be necessary to mention it in the provisions of the contract between the government and the supplier.

What is the provision in India regarding legal protection?: So far more than 30 crore doses of the corona vaccine have been administered in India. However, till now the manufacturing companies providing vaccine doses have not been given indemnity i.e. legal protection. In this sense, if a person falls victim to a serious illness due to the corona vaccine, or someone dies, then he can sue the vaccine company and ask for appropriate compensation.

The rules after approval are different from the provision of the trial stage: It is important to understand here that during clinical trials in India, if a volunteer dies or is severely affected by the vaccine, then he gets compensation immediately. But if public approval is given for the use of the vaccine from the government, then there is no legal provision for compensation in the Drugs and Cosmetics Act. That is, after the vaccine is approved, the patient will have to file a case in the consumer forum or high court for compensation. On the other hand, on any side effect of the vaccine, the drug regulator can take action on its part in case of violation of any rule of the certificate of registration.

What are the legal accountability regarding vaccine in other countries?: Significantly, Pfizer and Moderna continue to carry out large-scale vaccination in the US. Both these companies are exempted from legal action here. This exemption has been given to them till 2024 due to an emergency. On the other hand, vaccine companies have also got indemnity in Britain. However, in certain critical circumstances, the regulators of both countries may compel the producer to pay compensation on death or serious disability.

Also Read: Oxford vaccine approved in the UK, know when vaccination will start in India


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