What is the indemnification clause and how its waiver will speed up the arrival of Moderna and Pfizer COVID-19 vaccines in India


Since Pfizer’s mRNA vaccine is the only vaccine approved for use in children aged 12 and 17, the 50 million doses the government aims to procure should allow India to vaccinate. most of his children in this age group.

Representative image. PA

Editor’s Note: This room has been reconnected as there are reports that India has been offered 7.5 million doses of Moderna COVID-19[female[feminine vaccine through the global COVAX vaccine sharing program, but the consensus on the indemnity clause added an element of uncertainty over the arrival of vaccines.


Vaccine makers Moderna and Pfizer stand ready to supply their COVID-19[female[feminine vaccines in India on condition that the Indian government indemnifies them from any liability resulting from the use of their vaccines.

The “indemnity clause” is said to be one of the main reasons the two vaccine makers have stayed out of India despite a huge vaccine shortage in the country and independent tenders by several governments of India. ‘Indian States.

What is the indemnity?

The Oxford English Dictionary defines indemnity (against something) as protection against damage or loss, including in the form of a promise to pay for any damage or loss that occurs ”.

The word is most commonly used for contracts and in the insurance industry. For example, auto insurance gives compensation against any claims made in the event of a car accident. In the event of a claim, the insurance company pays the claimant and not the owner of the car, subject to the general conditions.

What compensation is Pfizer, Moderna looking for? In the current scenario, Pfizer and Moderna seek legal indemnity against any liability arising from the use of the vaccine. Since most COVID-19[female[feminine vaccines have been cleared for emergency use under special circumstances, there is a lot about their impact on the human body that needs further investigation. While some of the potentially fatal side effects like blood clots in the case of the AstraZeneca / Covishield vaccine have become known, other side effects such as a possible link between myocarditis and Pfizer’s disease COVID-19[female[feminine vaccine are still under investigation. There may also be other long-term side effects which may appear much later. Indian drug maker Cipla, which has partnered with Modern to bring its mRNA vaccine to India, has sought compensation for any adverse reactions or complications caused by the Moderna vaccine. The company cited examples of the US Countermeasures Victims Compensation Program (CICP) and similar programs in the UK, Canada, EU, Singapore and even WHO-led Covax, which protect vaccine manufacturers / distributors from claims and guarantee its claim for the same. Pfizer is also seeking legal protection against liability. In fact, his compensation claims have been a major obstacle. The company has so far refused to discuss the vaccine supply with state governments despite repeated requests, and has instead sought to speak with the Center. While the exact nature of the protections requested will only be known once the order forms have been made public. How Removing Compensation Clause Will Help Solve India’s Vaccine Shortage The Indian government aims to make some 216 crore doses available by the end of 2021, which should be roughly enough to inoculate its adult population over the age of 18 (90 to 95 crore), according to this. BBC report. However, that does not take into account the remaining 30 to 35 crores of population according to the 2011 census, which experts say are at greater risk of infection as the virus mutates more. Although reports claim India expects to purchase 50 million doses from Pfizer, there has been no official clarity on what doses these companies are willing to sell. Dr VK Paul of Niti Aayog said in May that Pfizer had indicated the availability of a certain volume of vaccine in the coming months, but he “asked for a liability indemnity from all nations”.

But if the reported figures are true, the 50 million Pfizer vaccines should be enough to immunize all children between the ages of 12 and 18 (over 18% of India’s population was under the age of 9 according to 2011 census data).

The Pfizer vaccine has been shown to be 100 percent effective in children.

Other than Pfizer’s mRNA vaccine, so far no vaccine has been approved for use in children. Trials are underway for several applicants, including Moderna and Johnson & Johsnon, as well as the native COVAXIN of India. SII’s Covovac is another candidate, but has yet to start testing. Then there is Ahmedabad-based Zydus Cadila, who plans to test his ZyKov-D vaccine for children aged 5 to 12.

Moderna’s vaccine has been shown to be 93% effective in children aged 12 to 17 years after the first injection and 100% two weeks after the second dose in phase 2/3 trials. And Cipla expects 50 million doses of the Moderna vaccine, but they won’t be available until 2022.

Does India provide compensation to others

No. India does not grant any protection to COVID-19[female[feminine vaccine manufacturers against any complications or adverse effects resulting from the administration of their jabs.

Serum Institute of India and Bharat Biotech, the makers of Covishiled and Covaxin, respectively, must report to authorities any health complications resulting from the use of the vaccine.

“The company will be responsible for all adversities in accordance with CDSCO / Drugs and Cosmetics Act / DCGI policy / approval,” said the purchase order signed between the Indian government and Indian vaccine manufacturers, according to a report released in Economic times.

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