Cal HC asks Bengal chief secy to file report on death of woman at Midnapore hospital

Kolkata, Jan 16 (PTI) The Calcutta High Court on Thursday directed the West Bengal chief secretary to file a comprehensive report placing on record all facts in relation to the death of a patient after child delivery at Midnapore Medical College and Hospital allegedly following administration of intravenous fluid.

A division bench presided by Chief Justice T S Sivagnanam also directed the appropriate authority of the central government to file a report as to the action taken against the pharmaceutical company which supplied the concerned drugs.

Hearing two public interest litigations (PIL) seeking a CBI investigation into the death of a woman at the government-run hospital after alleged administration of the intravenous fluid on her, the court directed that the matter will be heard again on January 30, by which the state chief secretary and the central government will file their respective reports.

The court granted liberty to the pharmaceutical company to file their affidavits in reply.

The bench, also comprising Justice Hiranmay Bhattacharyya, said that it will consider what further directions are to be issued after the reports and affidavits are filed.

It directed the state to “adequately compensate” the family of the deceased.

The 31-year-old woman died at Midnapore Medical College and Hospital on January nine after delivering a baby the day before.

The court also granted permission to one of the petitioners to file a supplementary affidavit before the court to bring certain facts on record.

The bench observed that it is “rather disturbing” to know that despite an order passed by the licensing and controlling authority of Siliguri regional office, Drug Controller, West Bengal, on December 10 last year, directing the pharmaceutical company to stop manufacturing activities till further orders, no action was taken immediately by the Health department.

It noted that the state’s Health department appears to have not taken immediate proactive action to suspend the usage of the concerned drugs.

The court further noted that this action was taken only on January 14 by the Directorate of Health Services, Central Medical Store, by which a direction was issued to all medical colleges and hospitals that all drugs manufactured by the company should not be used until further orders.

The bench said that it failed to understand why it took the authority more than 10 days to pass an order to withdraw the existing stock.

It noted that the PILs have flagged the important issue of the health and safety of the citizens of West Bengal, more particularly those who go to government hospitals for treatment.

The deputy solicitor general, representing the Union of India, told the court that the central government has taken action and the factory has been sealed and notices have been issued to the concerned company.

Lawyer for one of the two petitioners said that the names of those who have been administered the IV fluid of the concerned batch should be disclosed as those patients may suffer long term effects of the drug even though they were not taken ill immediately.

Maintaining that though it cannot bring back the life of the woman who died, the court directed the state to “adequately compensate” the family of the victim.

One of the two petitioners prayed for constituting a special investigation team to probe the issue, alleging the use of contaminated or expired intravenous fluid at Midnapore Medical College and Hospital.

It was prayed that the investigation into the death of the patient and alleged use of expired intravenous fluid be transferred to the Central Bureau of Investigation (CBI) from the West Bengal police to ensure impartiality and transparency.

A woman died and four others fell critically ill after the delivery of babies at the hospital in West Bengal’s Paschim Medinipur district allegedly after the administration of the intravenous fluid, prompting the health department to order an investigation.

Three of the four women, who were severely ill, were brought to Kolkata on Sunday night and admitted to state-run SSKM Hospital for further treatment.

The family members of the deceased lodged a complaint with the police, alleging that the hospital authorities were responsible for her death.

After the death of the woman and the deterioration of the health condition of four others, the state government has formed a 13-member panel to investigate the matter.

Informing the court that the investigation into the case lodged by the family of the victim has been handed over to the state CID from the local police, Advocate General Kishore Dutta stated that the 13-member committee formed by the West Bengal government has submitted its report to it on the matter.

Dutta stated that samples of each batch of the IV fluids were tested twice – once at a state laboratory and again at a NABL-accredited (National Accreditation Board for Testing and Calibration Laboratories) facility before these were used in the hospitals.

Asked by the court whether the state government has put the concerned pharmaceutical company on notice, the AG answered in the negative.

Phiroze Edulji, lawyer for one of the petitioners, pleaded that this particular company which had manufactured the IV fluids in question, was banned for three years by another state government in March, 2024, and this action was informed to the West Bengal government.

The company’s lawyer submitted that they have stopped manufacturing the particular drug after the suspension notice was issued.