On March 14, the Council of State published a statement ordering the New EPS to diagnose a patient who, according to him, has had “severe health conditions, after receiving the vaccine” against covid-19, because “it is still unknown whether or not these difficulties are associated with the dose of Jansen that was delivered in July last year”.
In addition, the Council of State ordered that the EPS should deal with examinations, supply of medicines and “how much procedure is necessary to carry out to preserve the member's right to health.”
The court's decision follows a lawsuit filed by the citizen in the exercise of the guardianship action, which alleges that he is a victim of the violation of his fundamental rights due to some omissions in which he claims the Government and the New EPS had incurred in the face of “the health problems he has been suffering from and which, according to him, may have been caused by an allergic reaction to the vaccine”.
The complainant indicated that he has had severe complications in the respiratory system and has experienced severe pain in different parts of the body, but argued that EPS has limited itself to authorizing some disabilities, without providing him with a clear medical diagnosis.
Its action was aimed at carrying out the necessary studies to establish whether the application of the dose was the cause of his conditions and to receive the treatment to which he may have. In addition, it intended that the entities responsible for this matter should be obliged to provide explanations about the surveillance and monitoring activities they have carried out within the framework of the national vaccination plan against covid-19.
For this reason, the Council of State urges the Ministry of Health to identify people who, like the complainant, have suffered some kind of deterioration in their state of health after receiving the vaccine, so that they can undergo the respective treatments.
According to the court, the entity is not only responsible for guaranteeing all services related to the enjoyment of the right to health, but must intervene in the event of any adverse events caused by vaccines against covid-19, “through the VigiFlow system, and when the closure is made, it is up to you to send the reports to the Ministry of Health departmental or district or the entity that acts in its role and INVIMA”.
Faced with the refusal that, according to the complainant, the EPS has had to transcribe the disabilities processed by the prepaid medicine company, the court indicated that it must bring these facts to the attention of the National Superintendence of Health in order for that body to proceed with the investigations of the case. In addition, the chamber noted that the Government ordered the creation of a Council for the Evaluation of Adverse Reactions to the Covid-19 Vaccine, which operates within the Institute for the Evaluation of Health Technologies, a unit where the actor can go and follow up on his case.
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