Raps filed vs. Garin, 34 others over alleged Dengvaxia deaths

Families of four children whose deaths are believed to be linked to the anti-dengue vaccine Dengvaxia on Thursday filed criminal complaints against past and present Department of Health (DOH) officials, including former secretary Janette Garin.

The families were assisted by the Public Attorney's Office (PAO), which conducted its own investigation into the deaths.

"Para po sa PAO, we have established strong link between the mass vaccination and the untimely death of the victims," said PAO chief Persida Acosta at a press conference held after the filing of the complaint with the Department of Justice.

JUST IN: Former Health Sec. Janette Garin at 34 pang iba, inireklamo sa Dept. of Justice kaugnay sa Dengvaxia. | via Carlo Mateo pic.twitter.com/Vm3KN85ekf

— DZBB Super Radyo (@dzbb) April 5, 2018

"The deaths are not just mere coincidental. The deaths are unusual," she said.

The charges stemmed from the deaths of Dengvaxia recipients Aejay O. Bautista and Zandro N. Colite, both 11, and Anjielica M. Pestilos and Lenard Ladi Baldonado, both 10. They died of different causes.

DOH officers in the charge sheet are former undersecretaries Vicente Belizario, Jr., Kenneth Hartigan-Go, incumbent Undersecretary Gerardo Bayugo, and Assistant Secretary Lyndon Lee Suy.

Also named respondents were Bureau of Local Health Systems Director Irma Asunscion, Philippine Children's Medical Center executive director Julius Lecciones, Family Health Office OIC director Joyce Ducusin, Intensified Disease Prevention and Control Division chief Rosalind Vianzon, and Disease Prevention and Control Bureau director Mario Baquilod.

Doctors Socorro Lupisan and Maria Rosario Capeding of the Research Institute for Tropical Medicine completed the list of respondents, trailed by "senior" government officials who have yet to be identified.

Aside from DOH officials, also named respondents were eight "corporate directors and/or officers" of Sanofi Pasteur, the manufacturer of Dengvaxia, and 15 "directors and/or officers" of the vaccine's local distributor, Zuellig Pharma.

Two of the complaints said former Health chief Paulyn Ubial "may be utilized as a state witness."

According to the complaints, the respondents "arbitrarily and even maliciously did not inform the Dengvaxia recipients and their parents/families of the dangers and risks related to Dengvaxia and did not obtain their informed consent."

The respondents also allegedly "did not conduct proper screening of Dengvaxia recipients and conducted other relevant tests to determine whether the children may be inoculated with Dengvaxia."

PAO had earlier filed a P4.2 million civil complaint against Garin, former Health officials, and Sanofi and Zuellig officers.

Acosta said this is just the first batch of complaints that will be filed against the respondents. The charges include reckless imprudence resulting in homicide and violations of certain sections of the Anti-Torture Act of 2009. 

"The vaccination was really suspicious because the children affected appeared to be healthy, so bakit sila namatay?" Acosta said.

'No basis'

Sought for comment, Garin dismissed the complaint as having no basis and vowed to file a counter-charge against PAO.

"Walang basehan ang reklamo kaya naman sasampahan din namin ang PAO ng kasong malicious prosecution," she said in a text message.

Garin said Acosta "is just using the poor victims for her personal agenda. This undue hysteria should already be stopped in the interest of public health."

The erstwhile DOH secretary also slammed what she said was the "scare" caused in the context of the now-controversial anti-dengue vaccine.

"Highly irresponsible people who were touted as experts misled our people to distrust government. Who will call them to account? Now, instead of making it harder for the DOH, let us support Secretary Duque and the DOH," Garin said.

Dengvaxia controversy

Last year, Sanofi Pasteur, a French pharmaceutical firm, advised against prescribing Dengvaxia to sero-negative patients due to a clinical finding that it may lead to severe complications among those who have not been infected with dengue.

The 2016 mass immunization program of the Garin-led DOH, which had administered the drug to over  800,000 schoolchildren, was discontinued in 2017 after Sanofi's admission. —KBK/BM, GMA News