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After Pfizer, Serum Institute seeks indemnity from liability

After Pfizer and Moderna, Covishield-maker Serum Institute of India (SII) has asked for indemnity from liability, according to sources. All vaccine makers, whether Indian or foreign, should be granted the same protection, the Adar Poonawalla-led company has reportedly told the government.

As per company sources, the Adar Poonawalla-led SII, which manufactures Covishield (the Indian name for the AstraZeneca-Oxford jab) vaccine, has reportedly conveyed to the Centre that all vaccine makers, whether Indian or foreign, ought to be granted the same protection (against the cost of compensation in the event of cases of severe side-effects).

Earlier last year, SII CEO Adar Poonawala had advocated indemnity for all vaccine manufacturers. “We need to have the government indemnify manufacturers, especially vaccine manufacturers, against all lawsuits… Frivolous claims come up and you see in the media something being blown out of proportion. The government needs to step in with the right messaging,” he had said.

The government has so far not given any manufacturer indemnity or protection against legal action for any severe side effects. This is a key condition put forth by foreign vaccine-makers Pfizer and Moderna for supplying to India.

Advanced trials are on for Covovax being developed in collaboration with the pharma company Novovax. Codagenix, a single-dose nasal vaccine, is in phase 1/2 trials in the UK. The third, SpyBiotech, is a novel virus-like particle vaccine, which is also in trials.

Yesterday, Health Ministry sources said other countries have granted this concession and “there is no problem” in granting indemnity or legal protection from any claims linked to the use of a company’s COVID-19 vaccine.

Till date, no Indian vaccine company has ever paid indemnity and neither has the Central government, the biggest vaccine user, done so. The Drugs Controller General of India (DCGI) had earlier exempted specific trials of Covid-19 vaccines that have been approved by some other international regulatory bodies. This is likely to clear the way of foreign Covid-19 vaccines such as Pfizer and Moderna.

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