Court ordered 3.62 million won as compensation amount.
The state agency had refused to recognize a causal relationship between his diseases and vaccination. But court rejected states submission and observed that before vaccination, the plaintiff was very healthy and had no medical history and therefore it is reasonable to consider that there is a causal relationship between the diseases and vaccination.
Source: The Korea Times Dt. 20.09.2022
https://www.koreatimes.co.kr/www/nation/2022/10/113_336369.html
Similar law is laid down by the Indian High Court in the case of Devilal Vs M.P State Through Chief Secretary 2017 SCC OnLine MP 2322, had also taken the same view and ordered a compensation with intrest of around Rs. 30 Lakhs.
The High Court observed as under;
“11. The research conducted by WHO also establishes that the paralysis can be one of the side effects of Oral Polio Vaccine. The Doctor examined before the trial Court has also supported the aforesaid view and, therefore, the appeal filed by the plaintiff, keeping in view the facts and circumstances of the case, deserves to be allowed.
12. This Court is of the considered opinion that once the factum of side effect of Polio drops was established on the basis of statement given by the defence witness, in all fairness, the proper compensation towards treatment and mental sufferings should have been granted in the peculiar facts and circumstances of the case.
13. ……… The plaintiff shall be entitled for a sum of Rs. 10,00,000/- (Rs. Ten lacs) along with interest @ 12% p.a., w.e.f. 20/11/1996, towards the treatment and the mental sufferings and the amount shall be paid by the State of Madhya Pradesh within a period of 90 days from the date of receipt of certified copy of this order. In case the amount is not paid within a period of 90 days, it shall carry interest @ 15% p.a., w.e.f. 20/11/1996.”
Supreme Court of India in the case of Balram Prasad v. Kunal Saha, (2014) 1 SCC 384 granted Rs. 11 Crore compensation for medical negligence.
Summary of worldwide cases of compensation claims by victims of side effects of Corona Vaccine: –
Source: Biotech express Magazine
Compensation suits are not only restricted to India. In Taiwan, a panel of experts appointed by the Ministry of Health and Welfare agreed that the government should pay NT$6 million (US$209,025) in the case of a woman, whose deathis the first to be classified as directly related to receiving a COVID-19 vaccine shot in Taiwan. Because the woman did not have any chronic ailments, nor other conditions that could explain a very rare blood-clotting disorder called “thrombosis with thrombocytopenia syndrome,” a known side effect of the AstraZeneca vaccine she received, the panel determined that her death was linked to the vaccine, Chuang said. The woman was a Taipei resident in her 50s, who was identified only by her surname Yu. She died of a brain hemorrhage, a complication caused by the syndrome, according to the panel’s findings.
Link: https://focustaiwan.tw/society/202203290026
As per data with Australian government, 37.8 million vaccine doses had been administered till November 7, 2021 and 78,880 adverse events linked to vaccination were recorded. A portal was being made to enable people to claim damages. At least 10,000 people have registered interest to make a claim, till the report came on news portal.
In UK, up to 920 compensation applications have been filed by people who were left seriously injured after getting the Covid-19 vaccine as claims could hit £110 million. Vikki Spit, from Alston, Cumbria, hopes to qualify for financial support after her fiancé Zion, 48, died of a brain hemorrhage two weeks after getting the AstraZeneca vaccine in May 2021. She claimed his death certificate named the AstraZeneca vaccine but said she has been left in ‘limbo’ after applying for the scheme in June.
So, the compensation mechanism exists in most developed countries and many of the vaccine adverse events injuries have been compensated appropriately.
Additional Data:
Singapore
In a recent case of vaccine injury the Government of Singapore granted a compensation of Rs. 1.78Crore (SGD 225000) to the victim as vaccine had caused increase in heart beats.
Link: https://greatgameindia.com/pfizer-heart-attack-compensation/
Thailand – Bangkok Post
Thailand Government till now gave 1.71 Billion baht (around Rs. 400 Crores) to 14,034 people as a compensation for side effects of Corona Vaccine. Of these, 3670 people were compensated for death due to Covid-19 vaccine.
Link: https://www.bangkokpost.com/thailand/general/2292514/b1-7bn-for- adverse-jab-effects
United States – America:-
In a case of side effects of vaccines, the United States Government has set up the ‘National Vaccine Injury Compensation Program’. In a case of side effects of MMR vaccines, the court granted a settlement of 101 Million U.S Dollars (Rs. 805 crores).
Link: https://www.mctlaw.com/101-million-dollar-vaccine-injury-mmr/
The companies’ failure to report certain safety data was also taken into consideration. The investigating agency of US on its own investigated and recovered an amount 10.2 Billion U.S. around 812crore Rupees. The excerpts from the news published on July 2, 2012 in The United State’ Department of Justice:
GLAXOSMITHKLINE TO PLEAD GUILTY AND PAY $3 BILLION TO RESOLVE FRAUD ALLEGATIONS AND FAILURE TO REPORT SAFETY DATA
Link: https://www.justice.gov/opa/pr/glaxosmithkline-plead-guilty-and-pay-3- billion-resolve-fraud-allegations-and-failure-report
Largest Health Care Fraud Settlement in U.S. History
“1. The United States alleges that GSK stated that Avandia had a positive cholesterol profile despite having no well-controlled studies to support that message. The United States also alleges that the company sponsored programs suggesting cardiovascular benefits from Avandia therapy despite warnings on the FDA- approved label regarding cardiovascular risks. GSK has agreed to pay $657 million relating to false claims arising from misrepresentations about Avandia. The federal share of this settlement is $508 million and the state share is $149 million.
In addition to the criminal and civil resolutions, GSK has executed a five-year Corporate Integrity Agreement (CIA) with the Department of Health and Human Services, Office of Inspector General (HHS-OIG). The plea agreement and CIA include novel provisions that require that GSK implement and/or maintain major changes to the way it does business, including changing the way its sales force is compensated to remove compensation based on sales goals for territories, one of the driving forces behind much of the conduct at issue in this matter. Under the CIA, GSK is required to change its executive compensation program to permit the company to recoup annual bonuses and long-term incentives from covered executives if they, or their subordinates, engage in significant misconduct. GSK may recoup monies from executives who are current employees and those who have left the company. Among other things, the CIA also requires GSK to implement and maintain transparency in its research practices and publication policies and to follow specified policies in its contracts with various health care payors.
Federal employees deserve health care providers and suppliers, including drug manufacturers, that meet the highest standards of ethical and professional behavior,” said Patrick E.
McFarland, Inspector General of the U.S. Office of Personnel Management.
Assistant Director of the FBI’s Criminal, Cyber, Response and Services Branch. “Together, we will continue to bring to justice those engaged in illegal schemes that threaten the safety of prescription drugs and other critical elements of our nation’s healthcare system.
This matter was investigated by agents from the HHS-OIG; the FDA’s Office of Criminal Investigations; the Defense Criminal Investigative Service of the Department of Defense; the Office of the Inspector General for the Office of Personnel Management; the Department of Veterans Affairs; the Department of Labor; TRICARE Program Integrity; the Office of Inspector General for the U.S. Postal Service and the FBI.
This resolution is part of the government’s emphasis on combating health care fraud and another step for the Health Care Fraud Prevention and Enforcement Action Team (HEAT) initiative, which was announced in May 2009 by Attorney General Eric Holder and Kathleen Sebelius, Secretary of HHS. The partnership between the two departments has focused efforts to reduce and prevent Medicare and Medicaid financial fraud through enhanced cooperation. Over the last three years, the department has recovered a total of more than $10.2 billion in settlements, judgments, fines, restitution, and forfeiture in health care fraud matters pursued under the False Claims Act and the Food, Drug and Cosmetic Act.
The company’s unlawful promotion of certain prescription drugs, its failure to report certain safety data, and its civil liability for alleged false price reporting practices.
GSK did not make available data from two other studies in which Paxil also failed to demonstrate efficacy in treating depression in patients under 18. The United States further alleges that GSK sponsored dinner programs, lunch programs, spa programs and similar activities to promote the use of Paxil in children and adolescents. GSK paid a speaker to talk to an audience of doctors and paid for the meal or spa treatment for the doctors who attended.
Between 2001 and 2007, GSK failed to include certain safety data about Avandia, a diabetes drug.
The missing information included data regarding certain post- marketing studies, as well as data regarding two studies undertaken in response to European regulators’ concerns about the cardiovascular safety of Avandia. Since 2007, the FDA has added two black box warnings to the Avandia label to alert physicians about the potential increased risk of (1) congestive heart failure, and (2) myocardial infarction (heart attack).
GSK has agreed to plead guilty to failing to report data to the FDA and has agreed to pay a criminal fine in the amount of $242,612,800 for its unlawful conduct concerning Avandia.
It also includes allegations that GSK paid kickbacks to health care professionals to induce them to promote and prescribe these drugs as well as the drugs Imitrex, Lotronex, Flovent and Valtrex. The United States alleges that this conduct caused false claims to be submitted to federal health care programs.
GSK has agreed to pay $1.043 billion relating to false claims arising from this alleged conduct. The federal share of this settlement is $832 million and the state share is $210 million.”
News in detail : – A Seoul court has recently ordered the government to compensate a man who was diagnosed with brain diseases after receiving coronavirus vaccines, officials said Tuesday.
It is the nation’s first known suit won by a plaintiff claiming compensation for COVID-19 vaccine injury.
The man in his 30s claimed he had a fever one day after he got an AstraZeneca shot in April last year, and felt dizziness and numbness in his legs on the second day.
He went to a university hospital and was diagnosed with intracerebral hemorrhage, cerebral cavernous malformation and mononeuropathy.
His family applied for compensation of 3.62 million won ($2,607) with the Korea Disease Control and Prevention Agency (KDCA) but was denied payment.
The state agency refused to recognize a causal relationship between his diseases and vaccination, saying numbness in the legs is the main symptom of cerebral cavernous malformation.
The patient filed a lawsuit against the KDCA’s decision with the Seoul Administrative Court, and the court sided with him.
“It is reasonable to consider there is a causal relationship between the diseases and vaccination,” the court said.
“Before vaccination, the plaintiff was very healthy and had no neurological symptoms or medical history,” it added.
The court said it is not known when he developed cerebral cavernous malformation and that he showed no related symptoms before he got vaccinated.
Currently, eight other lawsuits are proceeding over compensation for COVID-19 vaccine adverse events, according to the agency. (Yonhap)
Source : The Korea Times Dt. 20.09.2022
https://www.koreatimes.co.kr/www/nation/2022/10/113_336369.html
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