Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1986 Consumer Protection Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Consumer Protection Act, 1986 (68 of 1986) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Issue for consideration: Whether there is suffi cient evidence to establish that the complainant suff ered ‘myositis’ on administration of the vaccine Engerix-B; and whether even if ‘myositis’ being a minimal cause is accepted, the non-mentioning of the same as an ‘adverse reaction’ in the literature or ‘vial’, could be considered as ‘defi ciency of service’. Consumer Protection Act, 1986 – Negligence – Defi ciency in service – Complainant alleging that on account of adverse reaction of the Hepatitis vaccine Engerix-B administered, he suff ered myositis and permanent disability in his shoulder – Natiownal Commission held that the complainant failed to establish either any defect in the drug or any negligence amounting to defi ciency in service on the part of the manufacturer of the drug – Interference with: Held: Not called for – No case of defi ciency in service or negligence on the part of the manufacturer of the drug made out – On facts, when all the family members had got administered the same vaccination from the same source and the complainant himself did not undergo any diffi culty when the fi rst two doses were administered, the onus to discharge the initial burden was heavy on the complainant to establish his case, which he failed to do so – Except for the affi davit fi led by the doctors known to the complainant, no other evidence available on record – Affi davit of doctors not of any evidentiary value – In the absence of medical evidence, the Courts on their own lack the expertise to come to a conclusion – Furthermore, no documentary evidence to indicate the purchase of the vaccine and the same being administered – Medical professional who ought to have knowledge of the product and before administering had an opportunity to advice the complainant on these aspects had not made any eff orts – He cannot claim to become wise in hindsight – In any event, the instance of ‘myositis’ being minimal to the extent of 0.02 in a million, case of negligence on the part of the manufacturer not made out – Except for the complainant assuming that he suff ered ‘myositis’ and the cause for the same was the Engerix-B vaccine being administered, the same not established with the minimal required evidence to conclude even on preponderance of probability. [Paras 9, 12-17] |
Judge | Hon'ble Mr. Justice Ajjikuttira Somaiah Bopanna |
Neutral Citation | 2023 INSC 794 |
Petitioner | Prakash Bang |
Respondent | Glaxo Smithkline Pharmaceuticals Ltd. & Anr. |
SCR | [2023] 12 S.C.R. 567 |
Judgement Date | 2023-09-05 |
Case Number | 6791 |
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