The Supreme Court has dismissed a man's plea against an order of the National Consumer Disputes Redressal Commission (NCDRC) asking him to correct the deficiency in service on the part of GlaxoSmithKline Pharmaceuticals Limited in relation to the administration of hepatitis vaccine. It has failed miserably to do so.

 

According to the case, the man approached the family doctor to get a repeat dose of the Angrix-B vaccine along with his family members to acquire immunity against Hepatitis B.

 

The Appellant's family members did not have any adverse reactions to the medicine, however, four days after taking the vaccine the Appellant felt severe pain in his left shoulder where the injection was given and he was having pain while moving his shoulder. Then he got permanent disability. The Appellant argued that he suddenly developed permanent disability in his shoulder, which according to him was caused by an adverse reaction to the vaccine Engerix-B manufactured by Glaxo.

 

The bench of Justice A S Bopanna and Justice Prashant Kumar Mishra said that this medicine is made available in the market after certification and nothing has been placed on record to indicate that it is a medicine which is available without a doctor's prescription. Is available. The bench said, if the same medicine was given to all the members of the family and the appellant suffered discomfort after being given the third dose, the question would also arise whether it was given in the same manner and at the same place Where it should be given.

 

The bench said, 'If these aspects of the case were taken into account, then in fact the allegations made by the appellant would have made the said family doctor also liable.' It further said, ideally he (the family doctor) should have been a party respondent in the proceedings instead of filing his own affidavit. The top court said that not mentioning myositis (permanent disability) as an adverse reaction in the information given along with the injection or on the vial does not amount to 'deficiency in service' on the part of the pharma company.