PRAKASH BANG versus GLAXO SMITHKLINE PHARMACEUTICALS LTD. & ANR.

PRAKASH BANG versus GLAXO SMITHKLINE PHARMACEUTICALS LTD. & ANR.

The appellant failed to discharge the burden of proving on a preponderance of probabilities that he suffered myositis attributable to the Engerix-B vaccine because the medical affidavits lacked supporting contemporaneous medical records or diagnostic proof (muscle biopsy was not produced), the respondents' evidence showed the reaction to be extremely rare and laboratory analysis of the lot showed no defect; therefore no deficiency in service or negligence by the manufacturer was established.

Parties
Appellant / Complainant: PRAKASH BANG; Respondent / Manufacturer: GLAXO SMITHKLINE PHARMACEUTICALS LTD. & ANR.
Jurisdiction
India
Judgment Date
05 September 2023
Procedural Posture
Civil Appeal (consumer Matter) / Appeal From National Consumer Disputes Redressal Commission (ncdrc)
Outcome
Appeal dismissed
Legal Topics
Deficiency of Service, Adverse Drug Reaction, Causation, Evidentiary Value of Medical Affidavits
Consumer Protection Negligence Product Liability Medical Evidence Deficiency of Service Adverse Drug Reaction Causation Evidentiary Value of Medical Affidavits

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Parties

PRAKASH BANG

Appellant / Complainant

GLAXO SMITHKLINE PHARMACEUTICALS LTD. & ANR.

Respondent / Manufacturer

Procedural Posture

Civil Appeal (consumer Matter) / Appeal From National Consumer Disputes Redressal Commission (ncdrc)

Legal Issues

  1. 1 Whether there was sufficient evidence that the complainant suffered myositis from administration of the vaccine Engerix-B
  2. 2 Whether non-mentioning of myositis as an adverse reaction in the literature or on the vial amounts to deficiency of service by the manufacturer

Ratio Decidendi

The appellant failed to discharge the burden of proving on a preponderance of probabilities that he suffered myositis attributable to the Engerix-B vaccine because the medical affidavits lacked supporting contemporaneous medical records or diagnostic proof (muscle biopsy was not produced), the respondents' evidence showed the reaction to be extremely rare and laboratory analysis of the lot showed no defect; therefore no deficiency in service or negligence by the manufacturer was established.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed
  • No order as to costs