Saturday, May 28

Health defends in the National Court the scientific evidence for the booster dose after covid infection


The Ministry of Health has provided the Contentious-Administrative Chamber of the National High Court with a document entitled Technical arguments dossier Vaccination Strategy against Covid 19 with which it intends to counteract the lawsuit filed by a Valencian lawyer who seeks that this body paralyze the application of booster dose of the vaccine of covid-19 four weeks after reinfection. According to the appellant, the department of Carolina Darias lacks scientific support to impose this criterion.

Faced with these arguments, and once the claim had been admitted for processing, the National High Court requested, as is mandatory, the dossier to the Ministry, which has submitted a report containing some thirty documents on the different updates of the Vaccination Strategy, as well as other documents on the effectiveness of vaccination, analyzes in centers for the elderly, recommendations on thrombotic and myocarditis effects or vaccination in adolescents.

According to the report to which EL PERIÓDICO DE ESPAÑA has had access, there are “multiple studies that demonstrate the safety of vaccines against covid-19 in people with a history of previous infection”, and the strategy was approved on August 26 by the Public Health Commission, by shortening the interval for the administration of the vaccine from 4-8 weeks of have passed the infection.

With loss of immunity

This recommendation, to which the request made by the National High Court refers, is also based “on the current evidence that suggests the waste of immunity over time, as well as the heterogeneity of the immune response of the population with a history of infection”. According to these studies, “the immune response after vaccination is more reliable, consistent and predictable than that produced after infection”.

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The so-called “primary vaccination”, insists Health, decreases the risk of future infections in people with a history of SARS-CoV-2 infection, and immunological studies show that subsequent vaccination strengthens the immune response and “reduces the risk of reinfection, including by new variants of the virus” .

He also cites before the Hearing the studies of international health authorities such as the Center for Disease Control and Prevention (CDC), which have assessed that there is not enough evidence to establish a consistent recommendation on the best interval for the administration of this booster dose in the population group with a recent infection and therefore recommends one dose “at least after recovery of acute infection and the end of the isolation period”.

Health has recently added a new bibliography has been published on this matter that will be assessed in the next update of the Strategy, a “dynamic” document that always seeks to achieve the greatest benefit and the least risk for the population with the available vaccines,” the report adds.

Vaccination is voluntary

Health also reminds the National Court that in Spain vaccination it is not mandatory and that the General Law of Public Health is based on the general principle of voluntariness. Specifically, article 5.2 of said Law expressly states that, “without prejudice to the duty of collaboration, participation in public health actions will be voluntary, except as provided in Organic Law 3/1986, of April 14, on Special Measures in public health”. This voluntary nature, they insist, is not only for the vaccines included in the calendar throughout life but also the vaccines against Covid 19.

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The battery of documents presented are not enough for the plaintiff, the Valencian lawyer Curro Nicolau, who misses among them technical reports prior to the government file. “Studies in general, bibliography are cited, but there is no specific study about the booster dose four weeks after passing the Covid”, he insists in statements to THE NEWSPAPER OF SPAIN, newspaper that belongs to this same group, Prensa Ibérica.

For the lawyer, the document delivered to the National Court has been prepared ‘a posteriori’ of the presentation of the lawsuit by the General Directorate of Public Health, but “no one signs it” It doesn’t even have a date.

Immunologists’ snags

The appellant also alludes to the drawbacks that some experts are expressing in recent times. As reported in this newspaper Nevis Salt Flats, the president of the Spanish Society of Immunology (SEI), Dr. Marcos López Hoyos, draws attention to the administration of this booster dose in a healthy population.

“We do not see the need because, although the infection does not affect the infection in this case, people do respond well to the disease,” he points out. On the other hand, from the immunological point of view, tNor do they see the need to administer that third dose to those who already had the complete regimen (two doses). and has been infected with omicron. “It would be like giving a fourth vaccine,” specifies.

As Nicolau points out in his lawsuit, “the Constitutional Court has recognized in recent rulings “that the right to health protection, as a social right, is substantially linked to other essential attributes, such as the right to life and integrity both physical and mental, all of which must be protected and promoted to instill legitimacy in the legal system”.

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In this context, the appellant requests the suspension of this Health strategy as caution while resolving on the background, a issue still pending to be substantiated and to which a response will be given shortly, once the Chamber already has the necessary documentation.


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