- Covishield is banned in 21 European countries for side effects of deaths due to blood clotting.
- Many people across the world got compensation of millions of US Dollars.
- Indian Bar Association’s National President Adv. Nilesh Ojha, Nambi Narayan’s lawyer Shri. Unnikrishnan and thousands of advocates stood up against Bill Gates, and Adar Poonawalla and fought the cause of victims in view of various petitions filed before the High Court.
.jpg)
The matter came before Kerala High Court. The Court observed;
“This is a national calamity which we faced. Of course, I do understand the case is very genuine and it has to be dealt with. As far as the Central government is concerned, similar issues are cropping up in other states also. There has to be an effort to formulate a proper guideline, a proper scheme for compensating these persons and that is being done. Let them bring on record what steps have been taken so that I can pass a reasoned and considered order, rather than an order in vacuum. It is not a laughing matter, I consider it to be very serious“, he orally observed.”
The Court acknowledged the seriousness of the petitioners’ submission that the process has to be hastened since the family members of the victims are facing extreme difficulties consequent to the death of the earning member of the family.
“I find the apprehension expressed by the learned counsel to be well founded. The situation requires urgent action on the part of the National Disaster Management Authority“, the Court said in its order.”.
Link:https://drive.google.com/file/d/11oiYAbwIcTPe_0J2zAUynVEipggrM14O/view?usp=sharing
Link:https://drive.google.com/file/d/11VAOvp5YyOArNS_d5MJY2j8m71_soxq1/view?usp=sharing
Summary of worldwide cases of compensation to victims of Corona Vaccine side effects:-
1. Source: Biotechexpress Magazine
As per data with Australian government, 37.8 million vaccine doses had been administered till November 7, 2021 and 78,880 adverseevents 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 thereport came on news portal.(https://www.wionews.com/world/thousands-of-australians-want-compensation-for-covid-vaccine-side-effects-report-429883).
In UK, Up to 920 compensation applications have been filed by peoplewho were leftseriously injured after getting the Covid-19 vaccineas claims could hit
£110million. Vikki Spit, from Alston,Cumbria, hopes to qualify for financial
support after her fiancé Zion, 48, died of a brain haemorrhage two weeks aftergetting the AstraZeneca vaccine in May 2021. She claimed his death certificate named the AstraZeneca vaccinebut said she has been left in ‘limbo’ afterapplying for the scheme in June. (https://www.dailymail.co.uk/news/article- 10556213/Covid-vaccine-claims-hit-110m-920-compensation-applications- filed.html)
So, the compensation mechanism exist in most developed countries and many of the vaccineadverse events injurieshave been compensated appropriately.
2. Additional Data:
2.1. Singapore
In a recent case of vaccine injury the Government of Singapore granted a compensation of Rs. 1 Crore 78 Las to the victim as vaccine cause increase in heart beats.
Link: https://greatgameindia.com/pfizer-heart-attack-compensation/
Thailand Government till now gave Rs. 1.71 Billion (around 400 Crores) to 14,034 people as a compensation for side effects of Corona Vaccine. In them 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
3. United States – America:-
In a case of side effects of vaccines, the United StatesGovernment has set up the ‘NationalVaccine Injury Compensation Program’. In a case of side effectsof MMR vaccines the court granted a settlement of 101 MillionU.S Dollars (7,50,34,31,400 Crores).
Link: https://www.mctlaw.com/101-million-dollar-vaccine-injury-mmr/
The companies failureto report certainsafety data was also taken into consideration. The investigating agency of US at their own investigated and recovered an amount 10.2 Billion U.S. around 7,57,71,92,40,000 Crore 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 SAFETYDATA
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 companysponsored programs suggesting cardiovascular benefits from Avandia therapy despite warnings on the FDA- approved label regarding cardiovascular risks. GSK has agreed to pay $657 million relatingto false claimsarising from misrepresentations about Avandia.The federal share of this settlement is $508 millionand the state share is $149 million.
2. 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 InspectorGeneral (HHS-OIG). The plea agreementand 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 varioushealth 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, InspectorGeneral of the U.S. Office of PersonnelManagement.
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 threatenthe 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; theOffice 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. PostalService and the FBI.
Thisresolution is part of the government’s emphasison combating healthcare fraud and another step for the Health Care Fraud Prevention and Enforcement Action Team (HEAT)initiative, which was announced in May 2009 by Attorney GeneralEric Holder and Kathleen Sebelius,Secretary of HHS. The partnership between the two departments has focused efforts to reduce and prevent Medicareand Medicaid financialfraud 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’sunlawful promotion of certain prescription drugs, its failureto report certainsafety data, and its civilliability for alleged false price reporting practices.
GSK did not make available data from two other studiesin which Paxil also failed to demonstrate efficacy in treating depression in patientsunder 18. The United Statesfurther 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 failedto include certainsafety data about Avandia,a diabetes drug.
GSK has agreed to plead guilty to failing to report data to the FDA and has agreed to pay a criminalfine in the amount of $242,612,800 for its unlawfulconduct concerning Avandia.
It also includes allegations that GSK paid kickbacks tohealth 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 submittedto federal health care programs.
GSK has agreed to pay $1.043 billion relating to false claims arising from this allegedconduct. The federalshare of this settlement is $832 millionand the state share is $210 million.”
