Rs. 80 Lakh Compensation to survivors of Jodhpur, Rajasthan on intervention of PVCHR

Case Details of File Number: 842/20/19/2012
Diary Number	26380
Name of the Complainant	RAGHIB ALI, MEMBER GOVERNING BOARD
Address	MANAVADHIKAR JAN NIGRANI SAMITI, SA 4/2 A DAULATPUR,
	VARANASI , UTTAR PRADESH
Name of the Victim	SARIKA
Address	JODHPUR
	JODHPUR , RAJASTHAN
Place of Incident	UMAID HOSPITAL JODHPUR
	JODHPUR , RAJASTHAN
Date of Incident	5/25/2011
Direction issued by the Commission	The complainant has forwarded a copy of the press report captioned "another woman dies at Umaid Hospital” appeared in the Delhi edition of Tribune on 26.5.11. This news report pertains to a matter which has already been considered by the Commission in case No. 310/30/2/2012 which has been closed by the Commission vide proceedings dated 21.9.11. These proceedings are reproduced hereunder: "The Indian Express' of 25.02.2011 carried a news report under the caption "12 Pregnant women die in 10 days before Jodhpur hospital wakes up, says IV tainted". As per this report, 12 pregnant women died in a hospital in Jodhpur, Rajasthan, before the State Health Authorities suspected that the deaths might have occurred after the patients having been administered `infected' intravenous `dextrose and ringer lactose' fluids. Two foetuses died in-utero, while the other ten survived. The Commission took suo-motu cognizance of this report and issued notice to the Chief Secretary, Government of Rajasthan, calling for a detailed report. A Deputy Secretary to the Government of Rajasthan, Department of Medical Education, has sent a report vide his letter dated 01.04.2011. The report says that as soon as the incidents came to the notice of the hospital authorities, the Hospital Administration of Umaid hospital took immediate steps and samples from OT were sent for bacteriological examination on 17.02.2011 and report was received on 19.02.2011. Since the report did not show any significant results, samples were sent again for re-testing. Simultaneously, samples were sent for bacteriological examination of IV fluids. Three of them tested positive for bacterial contamination. Following this, uses of IV fluids of M/S Parentral Surgical Limited was immediately stopped. The report further says that only two postmortems were conducted as relatives of others did not consent for it. The report further says that two teams from the Medical College, Jaipur, visited the hospital to investigate the cause of deaths. The Technical Committee was of the view that the bleeding diathesis and septicemia occurring in very short duration was not directly related to only their presenting illness, but possible cause of this may be infusion of fluid, which when cultured showed growth of bacteria. FIR was registered against the manufacturing company and the distributor. Store Keeper of the hospital and Drug Inspector of the area were put under suspension. The Divisional Commissioner, Jodhpur, is conducting an administrative inquiry. On the basis of the preliminary report submitted by the Divisional Commissioner, three doctors have been put under suspension. The report further says that a compensation of Rs.5 lakhs has been announced for the family of the deceased. Upon consideration of the material on record, the Commission vide proceedings dated 29.06.11 observed and directed as under: "It is clearly made out that negligence on the part of the hospital staff has contributed to the deaths of pregnant women and this amounts to violation of their human rights and the State Government is liable to compensate the next of kin of the deceased women. The State Government has already announced compensation of Rs.5 lakhs for the family of the deceased women. The Chief Secretary, Government of Rajasthan, is directed to forward to the Commission proof of payment of compensation to the next of kin of the deceased women. The DGP, Rajasthan, is directed to see that investigation in the FIR registered on the incident in question is carried out properly and expeditiously. Proof of payment from the Chief Secretary is expected within six weeks." Pursuant to the directions of the Commission, the Superintendent of Police(Human Rights), CBCID, Rajasthan, Jaipur, has forwarded the report of the Superintendent of Police, Jodhpur, on the investigation of the case registered. Dy. Secretary(Admn.), Medical Education(Group-I) Department, Govt. of Rajasthan, vide communication dated 26.08.11 has forwarded copies of the receipts regarding payment of Rs. 5 lakh each to the next of kin of the 16 deceased women. Since the directions of the Commission have been complied with, this case alongwith the linked cases i.e., 295/20/19/2011, 276/20/19/2011, 386/20/19/2011 & 400/20/19/2011 is closed."
Action Taken	Concluded and No Further Action Required (Dated 4/23/2012 )
Status on 7/15/2014	The Case is Closed.

Rs. 4 Lakh Compensation to survivor of Delhi on intervention of PVCHR

Case Details of File Number: 2381/30/0/2012
Diary Number	38067
Name of the Complainant	DR. LENIN, GENERAL SECRETARY
Address	MANAVADHIKAR JAN NIGRANI SAMITI, SA 4/2 A, DAULATPUR,
	VARANASI , UTTAR PRADESH
Name of the Victim	PRIYA W/O SURINDER
Address	SULTANPURI,
	DELHI , DELHI
Place of Incident	SULTANPURI
	DELHI , DELHI
Date of Incident	1/1/1991
Direction issued by the Commission	This case pertains to the death of new born child and mother due to blood bank error and supply of wrong blood to be infused to her. The Commission vide Proceedings dated 12.6.2013 observed and directed thus : "In response, the Commission has received a reply dated 11/12/12 from the Special Secretary, Health and Family Welfare Deptt., Govt. of NCT of Delhi that due to the negligence of the laboratory technician blood of the wrong group was issued for transfusion to the patient. The hospital administration, taking a serious view of the matter, took most stringent action possible against the said official by removing him from service. However, as the next of kin of the deceased did not agree on the advice of hospital administration to conduct the postmortem, the precise cause of the death could not be ascertained. The hospital administration has taken necessary action to prevent such instance. The Commission has considered the material placed on record and observes that a precious life was lost due to the negligence / mistake of the technician posted in the blood bank who issued blood of the wrong group for transfusion to the patient. For such negligent mistake the State must bear vicarious liability. The Commission, therefore, recommends to the Govt. of NCT of Delhi through its Chief Secretary to pay compensation of Rs.4,00,000/-(four lakh only) to the next of kin of the deceased Priya. The proof of payment is to be submitted within six weeks." Pursuant to the directions of the Commission, the Dy. Secretary (H&FW), Govt. of NCT Delhi, Health & Family Welfare Department, New Delhi submitted the compliance report alongwith proof of payment. The NoK of the victims have been paid compensation amount of Rs. 4,00,000/-, therefore, the Commission is not inclined to proceed further in the matter. The case is closed. The complainant and NoK of the victims be given a copy of this Proceedings. LINKED WITH MAIN FILE NO.6780/30/0/2011.
Action Taken	Concluded and No Further Action Required (Dated 5/20/2014 )
Status on 7/7/2014	The Case is Closed.