The Supreme Court on Monday advised a petitioner, who claimed to have developed a 100% lower limb disability following the first dose of the Covid-19 vaccine, to file a civil suit for damages instead of pursuing his writ petition.
A Bench comprising Justice B R Gavai and Justice Augustine George Masih made this observation while hearing the plea seeking the formulation of guidelines for resolving adverse events following immunisation (AEFI), with specific reference to the Covid-19 vaccination drive.
“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 during the hearing.
Appearing for the petitioner, the counsel submitted that the man suffered a severe reaction to the vaccine, leading to complete lower limb disability. In response, Justice Gavai questioned the maintainability of a writ petition for such a claim, stating, “How can a writ petition be filed for that? File a suit for damages.”
The counsel further pointed out that there were two similar petitions pending before coordinate Benches of the apex court, which had already issued notices. The Bench said the petitioner’s plea could be tagged along with those if desired, but cautioned that such matters might remain undecided for years.
“At least if a suit is filed, within one year or two years or three years, you will get some relief,” the Bench reiterated, while granting the petitioner’s counsel one week to consult with his client and take a decision.
The plea had sought directions to the Union Government and the Serum Institute of India, manufacturer of Covishield, to ensure that the petitioner is provided with adequate medical support and allowed to live with dignity as a person with disability. It also demanded reimbursement of incurred and future medical expenses, and compensation if the petitioner’s condition was found to be irreversible.
The matter has now been posted for hearing after one week.
