Palace rejects calls to stop autopsy on Dengvaxia victims
Published Feb 5, 2018 06:39 pm
By Argyll Cyrus Geducos
Malacañang outright rejected calls of former Department of Health (DOH) chief Esperanza Cabral to stop the autopsies conducted on the bodies of the victims of the controversial Dengvaxia.
Cabral and a group of doctors urged the Department of Justice to order the Public Attorney's Office (PAO) to stop doing autopsies on the victims of the dengue vaccine and leave the matter of determining the cause of death to competent experts.
Presidential spokesperson Harry Roque, in a press briefing, rejected the call of the former Health Secretary, saying they will exercise all options until the truth is reached.
Thomas Triomphe, Head Asia Pacific-Sanofi Pasteur and Yu Ta Wen of Sanofi Pastuer, Former Secretary Janette Garin of DOH attend the hearing at the House of Representatives in Quezon City today, February 05, 2017. (Kevin Tristan Espiritu)
"We are flatly rejecting the call to stop autopsies. We will perform autopsies as they are required, because we need to find the truth," Roque said today.
"We will proceed with the autopsies because the UP-PGH (University of the Philippines-Philippine General Hospital) study itself said that autopsy may have to be conducted on the three," he added.
Roque was referring to the UP-PGH study which revealed that of the 14 cases, only three died supposedly due to dengue shock. Two of the three who died were considered as vaccine failures, while the remaining one died four days after the first dose was administered.
Of the 14 cases, nine died of cases not related to dengue or the vaccine, while UP-PGH was not able to ascertain the cause of the death of two children due to lack of information.
Roque, however, noted that the UP-PGH also said autopsy on the Dengvaxia victim should be conducted within 24 hours so the government should hurry.
According to the Palace official, the UP-PGH, PAO, or even the National Bureau of Investigation (NBI) can conduct the autopsies as long as it is done by a government physician affiliated either with the public hospital or the NBI.
"You are not barred from introducing pathological results from other sources. But courts very seldom rely on findings not made by government medico-legal officers," Roque said.
"The reason is obvious, as public officers they have taken an oath to uphold the Constitution and the laws of the land. And, of course, the public nature of these institutions will make them independent and neutral on the controversy," he added.
"We’re not telling anyone to stop what they are doing. We are just saying that we are flatly rejecting the call of the physicians to put an end to the exhumation because the position of the government is we’re in search of the truth; we will resort to autopsy when it is needed," he continued.
'Sanofi, dream on'
Meanwhile, despite the findings of the UP-PGH, Roque said Dengvaxia manufacturer Sanofi-Pasteur is not yet off the hook.
Roque made the comment after the French pharmaceutical giant expressed that it will not refund the cost of used doses of Dengvaxia following the suspension of the vaccination program.
"Huwag po silang lumakas ang loob dahil hindi pa po tapos ang usapin. Mayroong reklamo na hindi sila nag-disclose fully kung ano ang side effect ng bakuna (They should not be confident just yet. There is a complaint that they did not fully disclose the side effect of the vaccine)," Roque said.
"So hindi po ibig sabihin na iyong finding ng UP-PGH ay nagsasabi na siyam ay walang kinalaman sa Dengvaxia ay wala na silang pananagutan. It does not mean that just because the UP-PGH said that nine of the 14 cases died not due to the vaccine means that they are already off the hook)!" he added.
"Kapag napatunayan na alam nila iyong side effect, hindi nila dinisclose, naku, napakalaking danyos po ang puwede nilang bayaran; hindi lang iyong full reimbursement (If it is proven that they knew beforehand of the side effects and they did not disclose it, they will pay more than the full reimbursement)," he continued.
The DOH had asked Sanofi to refund P3.2 billion the government spent on the vaccination program after the company revealed that Dengvaxia could worsen the effects of the deadly disease in some cases.
Sanofi had originally agreed to refund the government P1.6 bullion for unused doses of the vaccine. However, the company said it will not pay for the used ones.
"Agreeing to refund the used doses of Dengvaxia would imply that the vaccine is ineffective, which is not the case," Sanofi-Pasteur said in a statement.
According to Roque, Sanofi-Pasteur must be "dreaming" if they think they area already off the hook.
"Pinatatapos lang natin ang imbestigasyon (We are just waiting for the investigation to be concluded). Everyone, please, the investigation is ongoing. wala pa pong final finding ang NBI (The NBI has no final finding yet)," he said.
"Antayin po natin iyan (Let us wait for that). No one is responsible and yet, no one is off the hook at this stage. Dream on, Sanofi," he added.
Complaint vs. DOH officials
Meanwhile, Roque welcomed the joint administrative complaint that Volunteers Against Crime and Corruption (VACC) and the Vanguard of the Philippine Constitution
Inc. (VPCI) against a number of DOH undersecretaries and assistant secretaries over the Dengvaxia scandal.
"Very good, because I’d like to know the reasons, too," he said during the same press briefing.
The VACC and the VPCI filed the joint administrative complaint before the Office of the President (OP) this afternoon against DOH undersecretaries Carol Tanio, Gerardo Bayugo, Lilibeth David, and Mario Villaverde; and assistant secretaries Lyndon Lee Suy, and Nestor Santiago.
Other respondents on the said case are Financial and Management Service (FMS) director Laureano Cruz; OIC directors Joyce Ducusin, and Mar Wynn Bello; Director IV Leonila Gorgolon, Rio Magpantay, and Ariel Valencia; and Director Julius Lecciones.
VACC and the VPCI are calling for the dismissal from service of the respondents, claiming they are guilty of grave misconduct and gross negligence for "ill-advisedly, thoughtlessly, and imprudently implementing" the school-based dengue vaccination program.
They said the procurement of the Dengvaxia was fast-tracked and may have transgressed pertinent provisions of the Government Procurement Reform Act.
The complainants also said the respondents' supposed "utter disregard" of medical protocols and substantive law, regardless of the number of deaths resulting from the vaccine, makes them accountable.
The VACC and the VPCI are also calling for the preventive suspension of the respondents so they cannot "use their power or influence to destroy, hide, or tamper with the evidence, as well as intimidate potential witnesses against them, or otherwise obstruct justice."
Thomas Triomphe, Head Asia Pacific-Sanofi Pasteur and Yu Ta Wen of Sanofi Pastuer, Former Secretary Janette Garin of DOH attend the hearing at the House of Representatives in Quezon City today, February 05, 2017. (Kevin Tristan Espiritu)
"We are flatly rejecting the call to stop autopsies. We will perform autopsies as they are required, because we need to find the truth," Roque said today.
"We will proceed with the autopsies because the UP-PGH (University of the Philippines-Philippine General Hospital) study itself said that autopsy may have to be conducted on the three," he added.
Roque was referring to the UP-PGH study which revealed that of the 14 cases, only three died supposedly due to dengue shock. Two of the three who died were considered as vaccine failures, while the remaining one died four days after the first dose was administered.
Of the 14 cases, nine died of cases not related to dengue or the vaccine, while UP-PGH was not able to ascertain the cause of the death of two children due to lack of information.
Roque, however, noted that the UP-PGH also said autopsy on the Dengvaxia victim should be conducted within 24 hours so the government should hurry.
According to the Palace official, the UP-PGH, PAO, or even the National Bureau of Investigation (NBI) can conduct the autopsies as long as it is done by a government physician affiliated either with the public hospital or the NBI.
"You are not barred from introducing pathological results from other sources. But courts very seldom rely on findings not made by government medico-legal officers," Roque said.
"The reason is obvious, as public officers they have taken an oath to uphold the Constitution and the laws of the land. And, of course, the public nature of these institutions will make them independent and neutral on the controversy," he added.
"We’re not telling anyone to stop what they are doing. We are just saying that we are flatly rejecting the call of the physicians to put an end to the exhumation because the position of the government is we’re in search of the truth; we will resort to autopsy when it is needed," he continued.
'Sanofi, dream on'
Meanwhile, despite the findings of the UP-PGH, Roque said Dengvaxia manufacturer Sanofi-Pasteur is not yet off the hook.
Roque made the comment after the French pharmaceutical giant expressed that it will not refund the cost of used doses of Dengvaxia following the suspension of the vaccination program.
"Huwag po silang lumakas ang loob dahil hindi pa po tapos ang usapin. Mayroong reklamo na hindi sila nag-disclose fully kung ano ang side effect ng bakuna (They should not be confident just yet. There is a complaint that they did not fully disclose the side effect of the vaccine)," Roque said.
"So hindi po ibig sabihin na iyong finding ng UP-PGH ay nagsasabi na siyam ay walang kinalaman sa Dengvaxia ay wala na silang pananagutan. It does not mean that just because the UP-PGH said that nine of the 14 cases died not due to the vaccine means that they are already off the hook)!" he added.
"Kapag napatunayan na alam nila iyong side effect, hindi nila dinisclose, naku, napakalaking danyos po ang puwede nilang bayaran; hindi lang iyong full reimbursement (If it is proven that they knew beforehand of the side effects and they did not disclose it, they will pay more than the full reimbursement)," he continued.
The DOH had asked Sanofi to refund P3.2 billion the government spent on the vaccination program after the company revealed that Dengvaxia could worsen the effects of the deadly disease in some cases.
Sanofi had originally agreed to refund the government P1.6 bullion for unused doses of the vaccine. However, the company said it will not pay for the used ones.
"Agreeing to refund the used doses of Dengvaxia would imply that the vaccine is ineffective, which is not the case," Sanofi-Pasteur said in a statement.
According to Roque, Sanofi-Pasteur must be "dreaming" if they think they area already off the hook.
"Pinatatapos lang natin ang imbestigasyon (We are just waiting for the investigation to be concluded). Everyone, please, the investigation is ongoing. wala pa pong final finding ang NBI (The NBI has no final finding yet)," he said.
"Antayin po natin iyan (Let us wait for that). No one is responsible and yet, no one is off the hook at this stage. Dream on, Sanofi," he added.
Complaint vs. DOH officials
Meanwhile, Roque welcomed the joint administrative complaint that Volunteers Against Crime and Corruption (VACC) and the Vanguard of the Philippine Constitution
Inc. (VPCI) against a number of DOH undersecretaries and assistant secretaries over the Dengvaxia scandal.
"Very good, because I’d like to know the reasons, too," he said during the same press briefing.
The VACC and the VPCI filed the joint administrative complaint before the Office of the President (OP) this afternoon against DOH undersecretaries Carol Tanio, Gerardo Bayugo, Lilibeth David, and Mario Villaverde; and assistant secretaries Lyndon Lee Suy, and Nestor Santiago.
Other respondents on the said case are Financial and Management Service (FMS) director Laureano Cruz; OIC directors Joyce Ducusin, and Mar Wynn Bello; Director IV Leonila Gorgolon, Rio Magpantay, and Ariel Valencia; and Director Julius Lecciones.
VACC and the VPCI are calling for the dismissal from service of the respondents, claiming they are guilty of grave misconduct and gross negligence for "ill-advisedly, thoughtlessly, and imprudently implementing" the school-based dengue vaccination program.
They said the procurement of the Dengvaxia was fast-tracked and may have transgressed pertinent provisions of the Government Procurement Reform Act.
The complainants also said the respondents' supposed "utter disregard" of medical protocols and substantive law, regardless of the number of deaths resulting from the vaccine, makes them accountable.
The VACC and the VPCI are also calling for the preventive suspension of the respondents so they cannot "use their power or influence to destroy, hide, or tamper with the evidence, as well as intimidate potential witnesses against them, or otherwise obstruct justice."