18 children aged 2 to 6 months old in Quoc Oai district (Hanoi) went to the commune health station to get vaccinated but were mistakenly vaccinated against Covid-19 Pfizer. From a legal perspective, how can people who wrongly inject their children be handled?

Injecting the wrong Covid-19 vaccine for 18 children in Hanoi

Regarding the case of 18 children in Quoc Oai (Hanoi) who were mistakenly injected with the Covid-19 vaccine, lawyer Hoang Tung, Head of Trung Hoa Law Office (Hanoi Bar Association), said that currently vaccines are prevented. Covid-19 prevention is no longer so scarce as in the beginning.

The universal vaccination program has also been implemented and achieved good results. In localities such as Hanoi and Ho Chi Minh City, most people have been vaccinated with the 1st dose and some "hot" localities in epidemic prevention and control have basically completed the 2nd injection.

On October 29, the Ministry of Health issued Decision No. 5002/QD-BYT on "Guidelines for amending and supplementing guidelines for pre-vaccination screening for children with Covid-19 vaccine.

Thus, according to lawyer Tung, basically, the process of injecting Covid-19 vaccine for children is similar to the promulgated vaccination process and has modified some contents to suit the screening process.

Accordingly, in the screening section, the pre-vaccination checklist for children against Covid-19 includes tasks such as: Measuring body temperature and heart rate. In addition, there are 8 factors that screeners need to pay attention to, which are: Ask for a clear history of anaphylaxis to the previous Covid-19 vaccine or components of the Covid-19 vaccine;

Having an acute or chronic disease; History of allergy to any allergen; Consciousness disorder, behavioral disorder; Having congenital diseases, chronic diseases of the heart, lungs, digestive system, urinary system, blood; Abnormal auscultation of the heart and lungs; Grade 3 or higher anaphylaxis with any allergen (specify allergen…); Other contraindications and delays (if any need to be specified).

The guidance of the Ministry of Health clearly states: if the child is eligible, vaccinate as soon as the child has no abnormality and has no contraindications to vaccination according to the manufacturer's instructions;

Regarding the responsibility of medical staff to mistakenly inject children, according to lawyer Tung, the above violation is serious and needs to be clarified and handled.

"For officials who mistakenly vaccinate, it is necessary to take strict measures, if they are civil servants or public employees, they can consider disciplinary action in the form of forced resignation," said lawyer Tung.

The doctor who gave the wrong vaccine to the child could be criminally prosecuted if causing serious consequences

According to Dr. Law Dang Van Cuong, Head of Chinh Phap Law Office (Hanoi Bar Association) added, for the case of wrong vaccination for children in Quoc Oai, the authorities will verify. , investigate the vaccination process to determine at which stage the vaccination gap occurs, which agency, organization or individual's fault belongs to, and based on the consequences, to take appropriate forms of handling.

Depending on the nature, severity and consequences of the act, the violator may be disciplined, administratively sanctioned or examined for penal liability.

Where a person with a position or authority fails to perform or improperly performs assigned tasks during the course of vaccination, which leads to fatal consequences;

Or cause harm to the health of children with an injury rate of 61% or more or cause harm to the health of 2 or more children with a total bodily injury rate of 61% or more, or cause damage to assets over 100,000,000 VND, they may be handled for "Criminal of irresponsibility causing serious consequences" specified in Article 360 ​​of the Penal Code 2015 as amended and supplemented in 2017.

The penalty for this crime can be up to 12 years in prison in the case of killing 3 or more people or causing damage to the health of 3 or more people with a total injury rate of 201% of these people. above. Offenders are also banned from holding certain posts, practicing certain professions or doing certain jobs for 1 to 5 years.

In case a person violates regulations on medical examination and treatment, production, preparation, distribution, sale of drugs or other medical services, causing death or harm to the health of others, but the injury rate is high. body 61% or more;

Or cause harm to the health of 2 or more people with the total injury rate of these people from 61% to 121%; or cause property damage of 100,000,000 VND or more, they may be handled for "Violations against regulations on medical examination and treatment, production, preparation, distribution, sale of drugs or medical services". other" according to Article 315 of the Penal Code 2015 amended and supplemented in 2017.

The maximum penalty for this crime can be up to 15 years in prison if 3 or more people are killed; or cause harm to the health of 03 or more people whose total injury rate is 201% or more; or cause property damage of VND 1,500,000,000 or more.