Parents of a 19-year-old girl who passed away allegedly due to a rare-immunogenic response to the Covishied vaccine, have moved the Kerala High Court seeking compensation of ₹10 crores [Jean George & Anr. v Serum Institute of India & Ors]..Justice N Nagaresh recently admitted the petition and sought the views of the Central government. .The petitioners stated that their daughter, a 19-year-old postgraduate student, began feeling unwell a day after getting Covishield vaccine. A week later, she was taken to the hospital where she was given symptomatic treatment and discharged the same day. However, her condition continued to deteriorate and she was soon taken to another hospital where after a while, she had to be intubated and put on ventilator. Exactly two weeks after she was administered the Covishield vaccine, the petitioners' daughter passed away on August 12, 2021 with the official post-mortem report stating that the cause of death was inter-cranial bleeding. .Subsequently, the petitioners filed a complaint before the Human Rights Commission claiming compensation. The plea stated that the inquiry that was conducted by the District Medical Officer (Health), Pathanamthitta revealed there was no evidence of any preceding neurological illnesses and that her symptoms commenced only after she received the first dose of the Covishield vaccine. Further, the inquiry found that the petitioners' daughter might might have suffered from thrombocytopenia, thrombosis syndrome. This is supposed to be a rare immunogenic response to the COVID-19 vaccines. .Therefore, the petitioners have claimed in their plea that the death of their daughter is the direct consequence of the administration of the Covishield vaccine. The petitioners have attributed the responsibility for the death of their daughter on the following respondents:Covishield manufacturer, Serum Institute of India and its partner Bill Gates, for deliberately withholding information regarding the risks and complications associated with the administration of their vaccine;The Union government as well as the State government, especially the Health and Family Welfare Department for making vaccinations compulsory without studying the after effects of the vaccine or issuing warnings and guidelines regarding the fatal element of the vaccine administration;The hospital which administered the vaccination for not communicating the risk factors; and The hospitals where she was treated after the side effects started showing for not diagnosing the illness or its cause properly."In the facts and circumstances of the case, it can be found that the petitioner’s daughter was given vaccine under deception, without proper information and by suppression of relevant and material facts about the risk involved and false narratives by the State/ Central/ Hospital/ Pharmaceutical authorities that the vaccines are completely safe," the plea said. .It further argued that whenever fundamental rights are violated or if any person has lost his/her life due to act of commission and omission on the part of a public servant, then Constitutional Courts can direct the Central and State governments to pay compensation to the victim or their family members under writ jurisdiction invoking remedy under constitutional torts.The plea was filed through advocates C Unnikrishnan and MR Sudheendran..The Supreme Court is currently seized of a petition challenging mandatory COVID vaccination, even by way of making it a precondition for accessing any benefits or services, as unconstitutional and violative of fundamental rights. is a violation of rights of citizens and unconstitutional.The top court has reserved its verdict in that plea on March 22.
