The State Council ordered the New EPS to properly diagnose a patient who has suffered from several severe health conditions, after applying the covid-19 vaccine.
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When failing a guardianship, the high court indicated that the intervention of the EPS is urgent since, until now, it is unknown whether or not these difficulties are associated with the dose of Janssen that was supplied to him in July of last year.
Further, The EPS must take care of the exams, supply of medicines and whatever procedure is necessary to carry out to preserve the right to health. of the affiliate.
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“The Chamber warns that the doctors who have treated the patient have indicated that the conditions are possibly the consequence of an allergic reaction to the covid-19 vaccine, however, to date It has not been determined if it is actually derived from the Janssen vaccine dose, so the New EPS must guarantee (…) all the essential elements to achieve medical goals related to your specific health needs,” the ruling says.
The patient filed a guardianship against the EPS due to his health problems that, in his opinion, may have been caused by an allergic reaction to the vaccine. He indicated that he has had severe complications in the respiratory system and has experienced severe pain in different parts of the body and maintained that the EPS has limited itself to authorizing some disabilities, without providing a clear medical diagnosis.
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With the guardianship, the patient precisely requested that the necessary studies be carried out to establish whether the application of the dose was the cause of his conditions and to receive the treatment that may be necessary.
The Council of State protected the fundamental rights to equality and health of the patient and ordered the New EPS to carry out the respective diagnosis, as well as to take care of the exams, medicines and medical procedures that, eventually, it is necessary to carry out.
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The room indicated that, although a prepaid medicine company has been in charge of guaranteeing the medical treatments that he has required, that does not excuse the EPS from its responsibility in that aspect, much less when the patient has expressed the difficulty he has in continuing paying for the procedures.
The high court said that 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 event of the vaccines.
“It is assisted by the duty to report minor or serious adverse events after vaccination against covid-19, through the VigiFlow system, and when the closure is carried out, it is up to them to send the reports to the departmental or district Health Secretariat or the entity that takes its place and to Invima, within the terms established for that purpose, to activate the surveillance and follow-up that must be carried out. the competent authorities”, says the ruling.
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Faced with the refusal that, according to the plaintiff, the EPS has had in transcribing the incapacities that the prepaid medicine company has processed, the court indicated that it must inform the National Health Superintendence of these facts so that this body can carry out the case investigations.
In addition, the room pointed out that the Government ordered the creation of a Council for the Evaluation of Adverse Reactions to the Vaccine Against Covid-19, which operates within the Institute for the Evaluation of Health Technologies, a unit to which the patient and follow up on your case.
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