The Supreme Court has scheduled a hearing to address a petition regarding a rare side effect associated with the COVID-19 vaccine developed jointly by British pharmaceutical giant AstraZeneca and Oxford University, and manufactured by the Serum Institute of India, sold in this country as Covishield.

Chief Justice DY Chandrachud has mentioned the issue, which includes demands for an expert panel to investigate the side- effects and for the government to provide compensation for the families of those who may have died after taking the drug. However, a date for the hearing has not been set, and an early hearing of the petition has been ruled out.

The petitioner specifically demands that an expert panel investigate both the side- effects and other potential risks associated with the vaccine. Furthermore, the petitioner insists that this investigation be overseen by a retired Supreme Court judge. The petition highlights instances where individuals who received the vaccine also experienced disabilities and seeks directives from the government to provide compensation for them as well.

AstraZeneca announced last month that its vaccine could, in rare instances, lead to TTS, or thrombosis with thrombocytopenia syndrome. This condition involves the formation of blood clots along with a decreased platelet count.

In the United Kingdom, the company is contending with class-action lawsuits sparked by a complaint filed by Jamie Scott. Scott alleges that he sustained a permanent brain injury due to a blood clot that formed after receiving the vaccine in April 2021.

In August 2022, the Kerala High Court had urged the Central Government and the National Disaster Management Authority to take immediate action in formulating guidelines for providing compensation to the families of individuals who passed away due to adverse reactions to the Covid-19 vaccine.

In November 2022, during a case before the Supreme Court concerning mandatory vaccination and the side effects of COVID-19 vaccines, the Union government informed the court that it cannot be held accountable for compensating deaths resulting from adverse reactions to COVID-19 vaccines.

The Ministry of Health and Family Welfare (MoHFW) reiterated the same stance in response to a petition filed by the parents of two young women who allegedly died due to adverse effects of the COVID-19 vaccine.

The government further informed the Supreme Court that vaccines produced by third-party manufacturers had undergone thorough regulatory scrutiny, and therefore, holding the State solely responsible for providing compensation might not be legally tenable.

“The vaccines in use under the vaccination program are manufactured by third parties and have successfully undergone thorough regulatory review in India as well as other nations, being recognised globally as safe and effective,” it said.