New Delhi, Apr 21 (UNI) The Supreme Court on Monday advised a man, who developed a severe lower limb disability allegedly after receiving a dose of the Covishield vaccine, to consider filing a civil suit for damages rather than pursuing a writ petition for compensation and medical assistance.
A bench, comprising Justices B R Gavai and A G Masih, heard the plea, which was filed against the Union Ministry of Health and Family Welfare and the Serum Institute of India, the manufacturer of Covishield.
The petitioner had sought state support, medical reimbursements, and compensation for the alleged adverse effects of the vaccine.
At the outset, Justice Gavai remarked, “How can a writ petition be filed for this? File a suit for damages.”
He stressed that a suit may offer quicker relief compared to the longer timelines often associated with constitutional writ petitions.
The petitioner’s counsel informed the Court that two similar matters were already pending and requested that this case be tagged with them.
The bench agreed to consider this but maintained that civil remedies may be more expedient.
“If you keep the petition pending here, nothing may happen for ten years. At least if you file a suit, you may get some relief in a year or two,” observed Justice Gavai, encouraging the petitioner to weigh practical options over prolonged litigation.
Following the bench’s observations, the petitioner’s counsel sought time to take instructions, and the matter was adjourned for now.
Filed through Advocate-on-Record Purushottam Sharma Tripathi, the petition sought government-backed support for living with dignity as a physically-disabled individual.
He sought reimbursement of past and future medical expenses linked to the vaccine reaction and compensation for the permanent disability, if deemed untreatable.
A national protocol to deal with Adverse Effects Following Immunisation (AEFI), especially in the context of COVID-19 vaccination.
The petitioner invoked constitutional rights under Articles 14, 19, and 21, and cited legal doctrines such as parens patriae, absolute liability, and restitution in integrum.
