SC upheld the compensation for transmitting HIV through negligent blood transfusion

[Guest guest]

Gokulam Hospital v Chinniayan and Another

SC upheld the compensation

for transmitting HIV through negligent blood transfusion

In 1990, the Complainant Chinniayan’s

wife underwent a hysterectomy operation, at Gokulam Hospital

in 1990 where she was transfused 2 units of blood in the post-operative period

which was procured from the Queen ’s Laboratory (blood bank) in 1990.

In mid-1994 his wife developed recurrent loose motions, weight loss,

respiratory infection and difficulty in swallowing etc. On being tested she was

found to be HIV+ and showed symptoms of full-blown AIDS. In July 1995, she

developed left-sided hemiparesis, oral candidiasis and TB. Later she was

diagnosed with glioma of the brain and died in August 1995.

Thereafter,

Chinniayan, her husband filed a complaint before the State Consumer Redressal

Forum suing the hospital and blood bank for deficiency of services under the

Consumer Protection Act. His Complaint was rejected. Aggrieved by this order he

appealed to the National Consumer Dispute Redressal Commission (National

Commission).

The National Commission held:

Ø

The Gokulam

Hospital gave blood transfusion without obtaining the consent of the patient

and that the concerned doctor negligently transfused blood, as he did not

inform the Petitioner's wife about the benefits, risks or alternatives of blood

transfusion, which amounted to deficiency of service under the Consumer

Protection Act.

Ø

Furthermore, the

Drugs and Cosmetics Rules, 1945, requires that every licensee of a blood bank

get samples of every blood unit tested for freedom from HIV antibodies, which

the blood bank had failed to do.

Ø

As

compensation, the Commission awarded Rs. 4,00,000 (Rs. 4 lakh) with interest at

the rate of 6% p.a. from the date of filing the complaint, which was to be paid

jointly and severally by the Respondents and Rs 10,000 as costs.

An

appeal by the Respondent blood bank to the Supreme Court was also dismissed.

Aggrieved by the order of the NC,

the 1st Respondent, Gokulam Hospital

approached the Supreme Court saying that it was the responsibility of the blood

bank to

ensure that the blood is free from infection. However, the Supreme Court rejected

the contention and dismissed the SLP and said that there was no ground for them

to interfere with the order of the National Commission.

Lawyers

Collective HIV/AIDS Unit

63/2,

first Floor,

Masjid

Road,

Jangpura

ND-14