Supreme Court asks petitioner to file suit for damages after he claims disability post Covid-19 first dose

A bench of Justices made the observation while hearing the plea for a direction to lay down appropriate guidelines for an effective resolution of side effects following immunisation with specific reference to Covid-19 vaccination.

New Delhi: The Supreme Court on Monday told a petitioner, who allegedly suffered disability due to the side-effects of Covid-19 vaccine's first dose, to file a suit for damages instead of pursuing his plea.

A bench of Justices B R Gavai and Augustine George Masih made the observation while hearing the plea for a direction to lay down appropriate guidelines for an effective resolution of side effects following immunisation (AEFI) with specific reference to Covid-19 vaccination.

"If you keep your petition pending here, nothing will happen for ten years. At least if you file a suit, you will get some quick relief," the bench said.

The petitioner's counsel said the man was suffering from the adverse effects of immunisation after taking the first dose of Covid vaccine as he developed 100 per cent lower limb disability.

"How can a writ petition be filed for that? File a suit for damages," Justice Gavai said.

The counsel said there were two separate petitions raising a similar issue pending in the apex court and the coordinate benches had issued notice on them.

If the petitioner wanted, the court said, it would tag his plea with the pending petitions.

The bench said the plea might be pending in the apex court for long and for 10 years, it might not see the light of the day.

The counsel requested the bench to grant him a week's time to discuss it with his client.

"At least if a suit is filed, within one year or two years or three years, you will get some relief," the bench observed.

The matter was then posted after a week.

The plea sought a direction to the Centre and the manufacturer of Covishield vaccine, Serum Institute of India, to ensure the petitioner was able to live with dignity as a physically disabled person.

It also sought a direction to them to reimburse his medical expenses and take responsibility for his future medical expenses for the treatment of his physical disability after being administered the first dose of the vaccine.

Aside from these, the plea sought a direction to grant compensation to the petitioner for his physical disability if his condition was found to be untreatable.