COVID19 Patients Should Not Be Made To Run From Pillar To Post For Remdesivir : Bombay High Court

To ensure the availability of the drug, a Nodal Agent with the helpline number with adequate staff at its disposal to undertake the supply of the drug at the required hospital/Covid center shall be appointed. It would be an absolute obligation on the part of the State to keep the helpline number in operation all over the State for 24 hours, the division bench of Chief Justice Dipankar Datta and Justice GS Kulkarni ordered.

"The patient or his relatives shall not be made to run from pillar to post to find out/locate the drug", the bench ordered.

The Court passed the order on a PIL on the Covid management in the State. The Bench, however, reminded citizens of their solemn duty towards society to arrest the spread of the virus, adding, their 'neglect' had contributed to the second wave.

"..our concern is also to the duty of every citizen towards the society at large, which, in our opinion appears to have been neglected which is one of the reasons that the second wave has hit us… every legal right has a corresponding legal duty. If the fellow citizens fail to take all precautions and fail to discharge their duty towards society, it would certainly create further complications and make it difficult to arrest the spread of the pandemic.

It is high time that every citizen undertakes to discharge his solemn obligation towards society and refrain from indulging into such activities which would bring about a further surge in the spread of this deadly virus.

The Court was hearing the PIL filed by advocate Sneha Marjadi on the shortage of 'Remdesivir'; shortage of supply of oxygen, problems related to bed management, and problems about the Covid-19 tests namely the "RT-PCR" and "Rapid Antigen" tests.

Should they video record to show the test was denied?

During the hearing on Thursday, the BMC, represented by Senior Advocate Anil Sakhare, denied there was a delay in getting RT-PCR Tests and dismissed the petitioner's husband's case, where he was asked to produce a private doctor's prescription to get tested at a government hospital as a 'misunderstanding'.

How do we disbelieve these versions of advocates of this court? We are also hearing this? It is coming to such a point that everyone will have to ask for an RT-PCR test on camera to prove it was denied, CJ Datta observed.

Based on the petitioner's recommendation, the bench directed the State to consider granting permission to more laboratories.

The State is directed to consider granting permission to more laboratories to undertake the RT-PCR tests and Rapid Antigen Tests, who would work as per the protocol involving the ICMR and the NABL. A decision in that regard be taken within one week from today and the eligible laboratories/centers be granted such permissions to undertake the RT-PCR tests and Rapid Antigen Tests

Oxygen

The petitioner, represented by advocates Arshil Shah and Simil Purohit submitted that was a shortage in the availability of Oxygen throughout the State, and cited various social media posts and news reports to demonstrate the shortage.

Advocate General Ashutosh Kumbhakoni appearing on behalf of the State said that there are 6,86,000 active covid patients in Maharashtra, out of which 78,000 patients require oxygen. The State's present requirement of 1500 metric tones of oxygen per day, was being met by its production of 1200 MT and importing Oxygen from other States based on the MoHFW's order dated April 18, 2021.

He mentioned a projected need for nearly 2000 MT of Oxygen, candidly admitting that there may be a shortfall in the future. He argued that Maharashtra was the first state to import Oxygen through Roll-on/roll-off trains (RORO) and to divert nearly 100% Oxygen production for medical purposes.

In its order, the Bench directed the State to set up a mechanism by which specific needs at different places/hospitals can be identified and supply can be accordingly regulated.

Other Directions

• Data on smokers who died of Covid
• We direct the Central Government and the State Government to place on record the response and the data in regard to the victims of Covid-19 who were addicted to smoking

No patient should be denied a bed

We direct the State Government to establish a portal and a helpline number concerning the availability of different category of beds in Government hospitals, Municipal Corporation hospitals and private hospitals, so as to bring about a situation that no patient is deprived of treatment, for want of bed.

The bench then adjourned the proceedings to 4th May 2021 directing the State to file a reply affidavit on the PIL within one week.

Nashik Oxygen Gas Tragedy

While hearing the PIL Justice Dipankar Datta also asked the State to apprise it about the Oxygen Gas leak tragedy in Nashik which claimed 22 lives, terming it a matter of concern.

How can this happen in a civilized society? Justice Datta remarked.

After the hearing on the PIL was complete, the AG explained that a preliminary report sent to Chief Secretary by The Nasik Municipal Authority, says in the Dr. Zakir Hussain Hospital, the Oxygen tank was installed based on a contract to a private company, that was responsible for maintaining and filling it.

He said that there seemed to be Oxygen pressure, and the leakage was found.

"Meanwhile, oxygen pressure dropped to such a level that supply almost stopped to continue. This resulted into cut off of oxygen and the situation continued till about one hour 20 minutes. In that situation deaths have occurred. There were 131 patients on oxygen, 15 on ventilators, and 16 critical," the Advocate General said.

The Bench acknowledged the submissions and orally asked the AG to submit to the court any further developments.

Click here to read/download the order