THE Public Attorney’s Office has asked the Department of Justice to reconsider its decision to drop the criminal charges of reckless imprudence resulting in homicide against former Health Secretary Janet Garin and two others in connection with the use of the Dengvaxia anti-dengue vaccine made by pharmaceutical giant Sanofi Pasteur.
In a 68-page motion for reconsideration dated January 27, PAO argued there is prima facie evidence to prove that Garin and Dr. Gerardo Bayugo, and Dr. Ma Joyce Ducusin showed gross negligence and absence of foresight, care and skill.
“The deaths of 170 children and adults of the Dengvaxia vaccination speak for themselves. Respondents cannot evade the sword of justice and the rule of law, through the present resolution of the DOJ,” the motion said.
“We humbly implore the Honorable Secretary of Justice to timely rectify the resolution subject of this motion for reconsideration in order to avoid further injustice and impunity of the guilty respondents,” it added.
Remulla’s order was in response to a petition filed by Garin and her co-respondents challenging the June 14, 2022 resolution of state prosecutors which found probable cause to indict them for the deaths of 98 school children who were vaccinated with Dengvaxia.
In his order, Remulla stressed Garin and the other respondents cannot be held liable for conspiring and confederating with one another as there was no malicious intent on their part, especially since they had to rely on the certificate of product registration issued by the Food and Drug Administration for Dengvaxia, along with the clinical trials for the vaccine.
Remulla said it cannot be established that there was any causal link between the Dengvaxia inoculation of the school children with the deaths as alleged in the complaint against Garin and her co-respondents.
He also cited the claim of Dr. Scott Halstead who, in his testimony before the Senate inquiry in 2018 on the Dengvaxia mess, said the cause of death of the school children could not be determined by the findings of an autopsy.
Halstead is one of the world’s foremost authorities on viruses transmitted by mosquitoes.
Another expert, Dr. Raymondo Lo, stressed that neurotropism and viscerotropic diseases are terms that cannot be attributed to a deceased individual, but only to a live person since the effects to be observed can be seen in living persons, Remulla said.
But PAO said the issue on expertise as cited by the DOJ chief cannot and should not absolve the criminal acts and negligence of Garin and the other respondents, especially in light of the fatal adverse effects uncovered by the PAO forensic team.
Likewise, PAO also explained that determining the credibility of witnesses should be done in the court as it falls under the jurisdiction of the trial judge.
PAO said the decision to drop the case against Garin and the other respondents deprive the victims and their families of fair play and a day in court.
The DOJ has yet to comment on the PAO’s motion.
To recall, in 2017, the Philippines suspended its dengue vaccination program using Dengvaxia following Sanofi’s announcement that it could cause severe dengue if given to those without prior exposure to the disease.
Some 860,000 people, including 830,000 children, were inoculated with Dengvaxia before the DOH stopped the program.