Vaccine liability remark stirs confusion

MANILA, Philippines — Vaccine manufacturers cannot be totally immune from liability if something goes wrong with the COVID-19 shots administered to the people, President Duterte said.

“I think we cannot do that even if we wanted to...Tell them it is not possible. If it goes wrong, there is mishandling, or for whatever reason, it is not effective as advertised, then they will go after whom? We are not allowed to sign any agreement to that effect... I do not think that it will be legal. Tell them, it’s illegal for us to do that. Only Congress can do that, no one else,” Duterte added.

During a Monday meeting with the government’s pandemic task force, vaccine czar Carlito Galvez Jr. said vaccine manufacturers are seeking indemnification in case of adverse effects.

“Considering that it’s (vaccine) still under clinical trial, if there is an adverse effect, they (manufacturers) will be immune (from) any liability or suit,” Galvez said.

Presidential spokesman Harry Roque clarified that the President was just emphasizing a provision of the COVID-19 Vaccination Program Act of 2021, which states that immunity from suit does not cover willful misconduct and gross negligence.

“The President said it is not possible for the private sector to be fully immune from liability because the law states that while the government will shoulder the indemnity in case of side effects, there are two exceptions: willful neglect and gross negligence,” Roque said.

For his part, Rep. Alfredo Garbin Jr. said an indemnity provision is needed to secure ample supply of vaccines for the nation’s recovery from the pandemic.

“RA 11525 mandates the creation of a P500-million COVID-19 National Vaccine Indemnity Fund to compensate all individuals who might experience adverse event following immunization,” Garbin explained.

Meanwhile, Sen. Leila De Lima slammed the government for the slow vaccine rollout and the alleged plan to prohibit several companies from procuring vaccines for employees.

“Where are the vaccines? Why prevent the private sector to import vaccines, who can do better and faster, to provide for the needs of their own work force and even donate for a portion of the overall requirements, at least for the priority sectors?” De Lima said. – Edu Punay, Pia Lee-Brago, Cecille Suerte Felipe

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