Ventilators With 'PM Cares' Stickers Can't Be Used Without Backup, Bombay High Court Told

"This also indicates that as on date, neither the manufacturers, nor the procurement agency HLL, nor the Government Medical College and Hospital (Aurangabad) is comfortable using the said ventilators independently without any ventilator backup," the court noted while dictating the order.

A division bench of Justices Ravindra Ghuge and BU Debadwar, hearing their suo motu PIL on Covid- management, had earlier observed that the issue of "dysfunctional ventilators supplied through the PM Cares Fund is quite serious." They had further sought remedial action from the Centre.

The Dean of GMCH had received 150 ventilators from the Central Government through the State. The GMCH used 19 ventilators, 49 were given to five private hospitals on the condition that they would not take ventilator charges from patients, and 55 ventilators were distributed to other districts. GMCH refused to unbox the remaining 37 ventilators.

On Monday, Additional Solicitor General Anil Singh, on instructions from the Rajiv Wadhawan, Director Union Ministry of Health and Family Welfare, said that the PM Cares did not fund the 150 Jyoti CNC ventilators. He said they were purchased by the Union and allocated to Maharashtra.

However, State Counsel, Chief PP D Kale, submitted that all the 150 ventilators were affixed with the 'PM Cares' sticker. The bench recorded both their submissions.

It also recorded that UoI has supplied 5,500 ventilators to Maharashtra so far. Most of these are from the PM Cares fund.

The court noted that of the 19 ventilators unboxed by the Government Medical College in Ahmedabad, 18 are now functioning following several repairs carried out by the team dispatched by the manufacturer in the presence of two medical experts from Delhi. The 19th ventilator would also be made functional are replacing the display, the bench was told.

"There is no dispute that these 18 ventilators can be used in the treatment of patients provided the same are supported with stand-by ventilators, commonly understood as 'ventilator backup'. In short, if any of these ventilators are to be used the GMCH Aurangabad will have to keep a stand-by ventilator in readiness as a backup ventilator, to ensure that the treatment/health of a patient is not put to jeopardy, if any of these ventilators again suffers a malfunction."

Regarding the remaining ventilators, the court has now directed the divisional commissioner of Aurangabad to collect specific reports from the four district collectors of Nanded, Amerjog etc. and private hospitals to assess their functioning.

It recorded the ASG's submission that the MGM medical facility at Aurangabad has declared that all 20 ventilators received by them, are perfectly functional. A similar statement is made by one of the private hospitals.

"Since we are of the view that there should not be any scope for any suspicion and circumspection, it would be appropriate for the divisional commissioner Aurangabad to collect specific reports from various district collectors, wherever ventilators from this lot of 150 have been allocated, with regard to the functionality of such ventilators

We, therefore, direct divisional commissioner Aurangabad to do needful and collect specific reports from district collectors as regards performance status of ventilators allocated to their districts, by contacting specific medical facilities where they have been deployed so as to obtain first hand report."

The thirty-seven unboxed ventilators lying with the GMCH may be un-boxed in batches considering the concerns raised by the GMCH in the past, the bench said.

"Those which are perfectly normal and functional can be utilized in the treatment of patients. Those which are dysfunctional and have performance issues may be segregated," the bench said in their order.

However, the State's counsel submitted that carrying out rectification procedures/repairs on the dysfunctional ventilators would virtually convert GMCH into a shop floor or a workshop and they cannot spare faculty members and treating doctors for such exercise of carrying out repairs.

In response, the bench asked Jyoti CNC to take back faulty ventilators to its own workshop, carry out tests and repairs, and then supply those perfectly functional ventilators to treat patients.

ASG Singh was agreeable to the suggestion.