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Opinion

Dengvaxia have destroyed the public health system

WHAT MATTERS MOST - Atty. Josephus B. Jimenez - The Freeman

Enough of these investigations-legislative, administrative, criminal or civil. It is time to go to court. The experts have spoken that there are enough evidences that a crime had been committed and, there is supposedly substantial evidence to warrant a logical conclusion that some people were probably guilty thereof. What crime are we talking about? The legal experts say there are a number of them. Foremost of these are violations of the anti-Graft and Corrupt Practices Act. Many people say there was something mysterious in the 2015 decision: to use the so-called savings of P3 billion to purchase a drug whose tests had not yet been completed. And that decision was made on December 29th or last working day in 2015. Why the midnight decision?

It is also the view of legal luminaries that Sanofi and its local distributor have a lot of questions to answer for allegedly insisting to sell to the government a drug, without specifying that it was only to be used safely for patients who had already been infected before, and not for mass vaccination. Department of Health officials who decided for a mass vaccination of more than 850,000 children should likewise be hauled to courts for failing to exercise due diligence. Perhaps they failed to determine if the children to be injected were zero positive or zero negative as these terms are understood by the medical experts. Perhaps they also failed to apprise the parents of the far-reaching implications and the high risks of the unfamiliar drug. And more importantly, perhaps not all parents have given their written consent to the vaccination.

We do not know for sure who are guilty and who are not. We are not even certain if there are enough evidence to convict the probable accused, or even a preponderance of evidence to support a civil damage suit against Sanofi and its local agent. Former DOH Secretary Janet Garin has filed charges against her detractors, including a former colleague, former Secretary Ubial.

Whatever is the outcome, one thing is sure: Dengvaxia has succeeded in destroying the Philippine public health system. Today, no parents will agree that their son or daughter be injected with any vaccine. The DOH lost a lot of goodwill, and no matter what damage control is in place, the cloud of doubts had been cast over the image of the public health system. Meanwhile, the Public Attorney's Office is becoming the darling of the victims and the Joan of Arc of the nation in distress.

I strongly suggest that former president PNoy and his budget secretary should be made to explain the true meaning of ''savings'' for purposes of realignment. Sanofi's local agents should also explain why they proceeded to sell a product without specifying the indications and contra-indications of the new product. This administration also should explain why the DOH officials under President Duterte continue to use it. Above all, Sanofi and its local distributor should explain why they failed to warn DOH and the public of the questionable features of the drug (they supposedly knew as early as 2015 ) and only revealed in 2017? Was it intentional or in bad faith? Let the courts decide on these issues. Let us wait and see whether the DOH can regain the trust of the Filipino people. I have my doubts.

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