No Criminal Intent: Bombay HC Clears Doctor, Nurse in Expired Vaccine Case

In a surprising turn, the Aurangabad bench of the Bombay High Court has dismissed the FIR against a doctor and nurse from Beed district who were accused of giving an expired rotavirus vaccine to an infant back in November 2022.

What Was the Case About

The case goes back to November 7, 2022, when an infant at Pawar Hospital in Majalgaon was allegedly given a dose of expired Rotavirus vaccine. Reports claimed the vaccine had expired way back in March that year, but the baby didn’t show any side effects.

Still, Drug Inspector Ashok Dharak acted on a news report and filed an FIR on December 26, 2022, against Dr. Sharad Madhukar Pawar, owner of Pawar Hospital, and nurse Sonali Chandrasen Gore, who works there. The charges included IPC Section 336 (act endangering life or personal safety of others), Section 34 (acts done by several persons in furtherance of common intention), and provisions under the Drugs and Cosmetics Act and Rules.

What Did the Court Say

The Division Bench of Justice Vibha Kankanwadi and Justice Sanjay Deshmukh noted that there was no criminal intent or gross medical negligence involved in the case. The child’s mother and maternal grandfather had told the court that the doctor took quick action after the vaccine was administered, and the baby was kept under observation for 24 hours to monitor any side effects.

Even the vaccine manufacturer, Serum Institute of India, Pune, stated in their letter that ROTASIL—the vaccine in question—is generally safe even after expiry if stored correctly, and no adverse effects were recorded in post-marketing studies.

The court also said that the FIR was filed without taking an expert medical opinion, which is a must in such cases. As per the Supreme Court’s 2005 judgment in the Jacob Mathew vs. State of Punjab case, doctors can’t be prosecuted under criminal law unless there’s clear evidence of gross negligence, supported by expert opinion.

Calling it a mistake without criminal intent, the court pointed out that the Drug Inspector filed the FIR without consulting a medical expert. It also noted that cases under the Drugs and Cosmetics Act should be filed directly in court by the appropriate authority, not through a police FIR. Since that wasn’t done, the FIR itself is invalid.

In the case, Dr. Pawar was represented by lawyer Mayur Salunkhe, while Nurse Gore was represented by Pawan Gore.

Final Word from the Court

Calling it a misuse of the legal process, the court said continuing the case would amount to an abuse of law. With that, it dismissed the FIR and quashed all criminal proceedings against both Dr. Pawar and Nurse Gore.

(Input From Various Sources)

(Rehash/Pooja Bansal/MSM)