[Covid -19] High Court slaps the government and asks to take immediate action to pay compensation to people who suffered due to side effects of corona vaccines.

• 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.

On 10^th August 2022, the central government submitted before Kerala High Court that they are formulating policies to provide monetary compensation to victims of vaccine side effects.

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://www.barandbench.com/news/no-laughing-matter-kerala-high-court-calls-for-urgent-action-to-grant-compensation-for-persons-who-died-following-covid-vaccination

i) The first petition was filed before Bombay High court by Smt. Kiran Yadav for claiming compensation of Rs. 100 crores for death of her son Hitesh Kadwe. She also sought criminal prosecution of Bill Gates & others. This case was discussed across the world due to side effects of covishield. (Smt. Kiran Yadav vs. The State of Maharashtra & Ors. Cri. WP No. 6159 of 2021)

Link:- https://childrenshealthdefense.org/defender/bill-gates-indian-government-lawsuit-astrazeneca-vaccine-killed-shri-hitesh-kadve/

ii) Second case was filed before Bombay High Court by Shri. Dilip Lunawat for death of his daughter Dr. Snehal Lunawat due to side effects of covishield. Here the petitioner claimed compensation of 1000 crores. (Shri. Dilip Lunawat vs. State of Maharashtra Civil Writ Petition (St) No. 2739 of 2022)

Link:https://drive.google.com/file/d/11oiYAbwIcTPe_0J2zAUynVEipggrM14O/view?usp=sharing

iii) Third case is filed before Kerala High court by parents of Nova Sabu seeking compensation of Rs 10 crore.

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: Biotech express Magazine

Compensation suit 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 death is 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 haemorrhage, a complication caused by the syndrome, according to the panel’s findings. (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. (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 people who were left seriously injured  after getting  the Covid-19 vaccine as 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 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. (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 vaccine adverse events injuries have 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/

2.2.   Thailand – Bangkok Post

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 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 (7,50,34,31,400 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 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 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.

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 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.”