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Delay in the second dose may lead to litigation against MOH

Due to the existing wide demands of AstraZeneca vaccine, the world is facing difficulty in procuring the desired quantities. As the vaccine is not available yet to administer the second dose, Kuwaiti citizens who have taken the first dose of vaccine may file lawsuits against the Ministry of Health for being late in administering the second dose, Al-Rai daily reported.

After medical examination, no antibodies were found in some of them who have taken the first dose of the vaccine.

Here, questions arose about the possibility of any citizen who received the AstraZeneca vaccine, filing a lawsuit against the Ministry of Health, under the pretext that the vaccine was ineffective and delaying the administration of the second dose.

The constitutional expert, Dr. Muhammad Al-Faili, confirmed that a citizen has the right to file a lawsuit before the judiciary, and no one can prevent it.

Al-Faili also told the daily that according to the current legal situation, I do not find a basis for filing this type of lawsuit, given that the Ministry of Health has committed itself to provide vaccines according to its actual capacity, and such a proposal would be subject to political and not judicial accountability.

He pointed out that the administrative judiciary must make due diligence in deciding a new legal position that would be a legal basis for such cases, for which no previous rulings had been issued.

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