LI Network
Published on: January 2, 2024 at 11:07 IST
The Gauhati High Court has issued directives for the state to extend financial support and medical care to a minor girl affected by Acute Disseminated Encephalomyelitis (ADEM), a rare complication post-vaccination, leaving her permanently disabled.
Justice Devashis Baruah of the Gauhati High Court instructed the State to provide a monthly stipend equivalent to the minimum wages for unskilled workers under the Minimum Wages Act, 1948, to assist in the girl’s daily needs.
Additionally, a monthly sum of Rs. 3,700 was allocated for engaging a caretaker, with the Court specifying the assistance to continue throughout the girl’s life.
Acknowledging the fundamental right to live with dignity, the Court noted the petitioner’s limited income as a vegetable vendor and stressed the necessity for state aid to ensure a dignified life for the girl, who faces severe disabilities due to the vaccination-related complication.
The case pertained to a minor girl who, after receiving a vaccine at an Anganwadi Centre, experienced a deteriorating health condition, leading to her hospitalization. Alleging negligence on the part of health authorities, the petitioner sought compensation, attributing the child’s suffering to the authorities’ actions.
The Court appointed a commission to investigate the alleged medical negligence, which concluded that the vaccination provided was appropriate for her age and administered correctly.
The commission found no negligence on the part of the Health Department, attributing the girl’s disabilities to severe post-vaccination complications.
As per the commission’s report, the girl is deemed 100% disabled and requires ongoing medical check-ups, rehabilitation programs, and orthotic device support for any semblance of independent life.
The Court, emphasizing the right to live with dignity, directed the state to disburse financial assistance and medical care to the girl, catering to her needs until she reaches adulthood and thereafter, ensuring continuous support for her survival.
The Court instructed periodic evaluations by pediatricians and physicians, along with rehabilitation programs, to ensure the girl can lead a reasonably dignified life.
Additionally, it mandated orthotic device support for enhanced mobility and access to district intervention centers for free physiotherapy and speech therapy.
