Lawyer Files To Access Alleged One Sided Consent Form To Vaxx Son
A mother-of-ten has filed a civil action to access the purported unilateral consent form to give Covid-19 vaccination to her 13-year-old son.
Asiah Abdul Jalil is seeking the document to prepare the main lawsuit over the second vaccination dose given to her fifth child at the Balok Health Clinic in Kuantan, Pahang, on Jan 15.
She previously raised formal objections against any further vaccination of her children via a police report.
The report named Health Minister Khairy Jamaluddin and Health Ministry director-general Dr Noor Hisham Abdullah.
She also documented her objection via a letter dated Jan 9 to the Health Ministry, Pahang Health Department, and Kuantan Health Office.
Malaysiakini also previously reported the lawyer threatened to file the main civil suit against her husband Mohd Hatta Saadon, Khairy, and Noor Hisham, among others, in relation to the vaccination of her teenage son.
Plaintiff Asiah filed the originating summons seeking the consent form at the Kuantan High Court on Tuesday (March 15), which targeted the Pahang State Health director-general (who is not named) as the defendant.
According to the cause papers sighted by Malaysiakini, the mother contended that the state health director-general, Noor Hisham, and Khairy declined to abide by her written requests for the consent form.
The lawyer claimed that the consent form, as well as the names of individuals involved in the vaccination of her teen son, are “necessary and desirable to be disclosed in the interests of justice.”
Seeking identities of clinic staff
The plaintiff is seeking details of the Balok Health Clinic staff who allegedly greenlighted the consent form on Jan 15 despite knowing said form was done unilaterally and proceeded to vaccinate her 13-year-old son.
“Despite my repeated efforts via various means through multiple valid channels and issuing of written and formal application letters, however, the Pahang State Health director-general, the Malaysian Health director-general, and the Malaysian Health Minister did not abide by my requests to get information of the said individuals and copy of the consent form,” Asiah claimed.
Balok Health ClinicThe plaintiff was reported to have said she reserved her right to initiate pre-action for a discovery order from the courts if her requests for the identity of the medical staff in charge was denied.
When contacted by Malaysiakini today, the mother said her law firm Tetuan Asiah Abd Jalil Law Chambers - which acts for her in the matter - is in the midst of serving the cause papers on the defendant today.
On the incident, Asiah claimed her husband took their son to the Balok Health Clinic for his second vaccine dose.
She contended the consent form was one-sided as it did not represent her consent as the mother.
Asiah's four eldest children aged 19, 17, 16, and 14 have completed two doses of the Covid-19 vaccine and would be eligible for a booster, while her fifth child, aged 13, at the time, was waiting for his second dose.
Asiah's sixth, seventh, eighth, and ninth children are aged 11, nine, seven, and five, while her youngest son is two years old.
She lodged her initial police report on Jan 7 in relation to the government's announcement on future Covid-19 vaccinations for children amid fresh concerns over the spread of the Omicron variant.
Vaccinating children
On Jan 6, Noor Hisham said the Drug Control Authority (DCA) had granted conditional approval for a low-concentration version of Pfizer's Covid-19 vaccine for children aged five to 11.
The formulation uses 10 microgrammes of the vaccine active ingredient per dose, compared to the 30 microgrammes per dose for those aged 12 and above.
On March 9, Khairy once again appealed to parents of young children to get their children vaccinated against Covid-19.
He said only 30 percent of children aged 5 to 11 years old have received at least one dose of the vaccine, which is far below the ministry’s target.
Meanwhile, the number of children being admitted into the pediatric intensive care unit (PICU) is on the rise. - Mkini
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