No Patient Shall Suffer From Lack of Medicines.: Madhya Pradesh HC Directs Govt To Ensure Timely Administration of Amphotericin B for Black Fungus Patients

The Madhya Pradesh High Court has directed the State Government to ensure timely administration of Amphotericin B and other medicines to Black fungus patients in the State while observing that no patient must suffer from lack of medicines.

A Bench of Chief Justice Mohammad Rafiq and Justice Vijay Kumar Shukla also directed the Additional Chief Secretary of the Department of Medical and Health, Government of Madhya Pradesh to place on record the exact position with regard to number of patients of black and white fungus or any other kind of similar disease, in the State.

The Court clarified that the medicines should surely be prescribed to the patients by the treating doctors not only in Jabalpur but also in Hospitals of the other cities including Gwalior, Indore, Bhopal and elsewhere in the State.

The order was passed after Senior Advocate Naman Nagrath with Advocate Jubin Prasad appointed as amicus curiae, apprised the Court that family members of more than 50 patients of black fungus, admitted in Government Hospital at Jabalpur, had gheraoed the officials of the Government as they were not provided with Amphotericin – B medicine, endangering life of the patients.

The development came after the State Government had filed the 11th Action Taken Report in compliance of the earlier order highlighting various issues concerning the covid-19 situation in the State.

According to the report, it was stated that out of 188 oxygen generation plants, 61 plants we already commissioned, equipment for 13 more plants was delivered by the concerned agency and that installation process was in progress. It was also stated that as per the estimate of the State Government, the remaining plants will be installed by 30th September, 2021. 

Furthermore, out of 52 district hospitals of the State, C.T. Scan Machines were functional in 14 districts and that steps were taken to install CT Scan Machine in the remaining districts as well, the Bench was told.

As per the supplies of vaccines so far received, the Court was informed that the State was expected to be in a position to cover the entire 18 plus population by inoculation with the first dose by the end of September, 2021.

It was also stated that due to focused and concentrated efforts by the Government, a full immunization cover would be provided to the entire 18 plus population by the end of December, 2021.

"This Court places on record its appreciation of the work so far undertaken by the State Government with regard to the establishment of oxygen plants, CT Scan Machines and Oxygen/ICU/HDU/PICU beds in all District Government Hospitals of the State. This Court appreciates the all out efforts put in by the officials of the State and applauds its performance with regard to inoculation of the sizeable population of the State that it shall by the end of September, would provide the safety cover of immunization of first dose to entire 18 plus population and has given the hope that all such people shall be provided with full immunization cover by the end of the year 2021," the Court said.

The matter will now be considered on September 6.

Title: In Reference (Suo Motu) vs. Union of India and others

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