Kerala HC Says It Has Seen Cases Of Deaths Due To COVID-19 Vaccination After Effects; Asks NDMA To Frame Guidelines For Compensation

The Kerala High Court, on Thursday, directed the National Disaster Management Authority to formulate policy or guidelines for identifying cases of death due to the after-effect of Covid-19 vaccination and for compensating the dependants of the victims within three months.

Justice V. G. Arun observed that there are instances where persons are suspected of having succumbed to the after-effects of immunization; in such circumstances, the National Disaster Management Authority and the Ministry of Health and Family Welfare are bound to formulate a policy for identifying such cases and compensating the dependents of the victim. 

I have come across at least three cases where pleadings are to the effect that the person who has undergone Covid-19 immunization vaccination had succumbed to the after-effects of vaccination. Therefore, even if the numbers are very few, there are instances where persons are suspected to have succumbed to the after-effects of immunization. In such circumstances, respondents 2 and 8 are bound to formulate a policy for identifying such cases and compensate the dependents of the victim.

The Petitioner had approached the Court seeking compensation provided to the families of deceased who have succumbed to Covid-19, as the petitioner's husband died due to adverse events following immunization. The Court, after perusing the documents produced, observed that prima facie shows that the petitioner's husband indeed died due to the after-effects of the Covid-19 vaccination. 

The Court had previously directed Assistant Solicitor General of India, Advocate Manu S, to get instructions on whether the Government of India has formulated any policy for compensation for the victims of adverse events following Covid-19 vaccination. 

When the matter was taken up for hearing, the ASG submitted before the Court that no such policy has been formulated so far by the Central Government. 

Thereby, the Court has directed the National Management Authority to formulate policy or guidelines for identifying cases of death due to the after-effect of Covid-19 vaccination and for compensating the dependants of the victims and taking into consideration the urgency of the matter as the family members of the victims face extreme difficulties, the Court has directed that needful should be done within three months. 

Case Title: Sayeeda K. A. v. Union of India & Ors.

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