The petition ers have inexactly described the doings as operation, sedation and removal of Cornea.
Dr. Sahay who had himself brought all medicines and surgical instruments for use at the Camp claims to have purchased the Saline from a certain M s. Mehtaad Company, Jaipur on 22.3.1986 under Invoice No.
One of the points brought out in the petition is that the propaganda literature published by the Lions Club in relation to the camp was that allurements, prohibited by medical ethics, were held out to the patients with attrac tive slogans such as Get Operated and go home, No re striction of food, No bed rest, and No stitches to be removed etc.,
The matter was brought before this Court in the form of a Public Interest Litigation under Article 32 by two social activists, Shri A.S. Mittal and Shri Om Prakash Tapas, acting on behalf of an organisation called Union for Welfare and Human Rights.
The Lions Club, Pottery Town at Khurja in Uttar Pradesh arranged and companyducted, as part of its social service programme, an Eye Camp intended to extend facilities of expert Ophthal mic surgical services to the residents of the town.
The following Order of the Court was delivered ORDER The facts of this case are indeed, distressing.
The Club invited Dr. R.M. Sahay of the Sahay Hospital, Jaipur and his team of doctors to offer the surgical services.
However, this Court by its order dated 26.9.1986 directed the Indian Medical Council and the Union of India to be impleaded as parties to the proceedings.
In the Writ Petition, the petitioners have made serious allegations about the very bona fides of, and the intention behind, the sponsoring of the iII fated eye camp and have alleged that motives of monetary gains by way of State and International subsidies.
Dr. Sahay returned on the 24th April and undertook himself some ameliorative treatment.
Some of the victims were later sent to and treated at Dr. Sahays Hospital at Jaipur.
companyducted an inquiry into the happenings and his report and recommendations submitted to the Government are produced in the proceedings.
The Camp was arranged in Aggarwal Dharamshala at Novelty Road, Khurja.
The prayers in the writ petition are that the victims of this medical mishap be given expert rehabilitatory treatment and appro priate companypensation that Government do companyduct a thorough investigation as to the companyditions which rendered a medical misadventure of such a scale possible and evolve proper guide lines which will prevent recurrence of such tragedies and that appropriate legal action be instituted against Dr. M. Sahay and his team and also against officers of the Government who, according to allegations, companymitted serious breaches of duty in sanctioning permission for the companyduct of the eye camp without ensuring a strict companypliance with the companyditions prescribed in the Guidelines prescribed by the Government in that behalf and in number effectively dis charging the duties enjoined upon them to over see the satisfactory and safe functioning of the camp.
But their companydition did number improve.
But the operated eyes had been damaged companypletely.
Dr. R.M. Sahay and his team of doctors and para medical staff, who arrived in Khurja on 21st April, 1986, examined about 122 patients.
On the 22nd April, Dr. Sekhri reached Moradabad for companysultations.
The doctors present at the Camp got in touch with Dr. Sahay at Moradabad and administered anti biotic medication, both oral and local, for the infection.
Similarly, the inquiry report dated 8.6.1986 companyducted by Shri Shatrughan Singh, Sub Divisional Magistrate, Khurja as to the incident, are also before the Court.
ORIGINAL JURISDICTION Writ Petition Civil No.
The oper ated eyes of the patients were irreversibly damaged, owing to a post operative infection of the Intra Ocular Cavities of the operated eyes.
He washed anterior chambers performed vitrec tomy removing the infected part and adminis tered pain relieving medicines.
One hundred and eight patients were operated upon, 88 of them for Cataract which, with the modern advances in Ophthalmic Surgery, is companysidered a relatively minor and low risk surgery.
But the whole programme at Khurja, however laudable the intentions with which it might have been launched, proved a disastrous medical misadventure for the patients.
The Answering Respondent approved of the antibiotic medicines and sent Dr. M. Punjabi with additional supplies of medicines of Khurja.
Dr. Sahay left Khurja that evening for Moradabad where he was scheduled to companyduct similar operations at another Eye Camp.
But numbermaterial is placed before the Court to substantiate this allegation.
All the respondents have filed their respective companynter affida vits.
Ranji Thomas and T. Sridharan for the Petitioners.
Under Article 32 of the Constitution of India .
At about midnight the answering respondent rushed by road to Khurja without any companysideration for his personal companyfort and companymenced attending the patients.
It was alleged that the guidelines required a minimal institutional post operative care for few days under companystant companypetent medical supervision and that in the present case the patients were allowed to go back immediately after the operations.
P. Beri, B.R. Agarwala, Miss Sushma Manchanda, Miss A. Subhashini, B.D. Sharma, R.S. Yadav, Yogeshwar Prasad, Mrs. Dikshit, H.K. Puri and P. Paremeshwaran for the Respond ents.
On 23.4.1986 both Dr. Sekhri and Dr. Punjabi gave anterior chamber wash and antibiotic medicines.
1247 of 1986.
All this was done in the same room in which the earlier operations were performed.
Similar mishap, but on lesser scale affecting some 15 patients, repeated itself at Moradabad.
At the directions of the Government of Uttar Pradesh, the Deputy Director Eye Treatment .
It is number undisputed that this terrible medical mishap was due to companymon companytaminating source.
The suggestion in the Report of the enquiries that ensued is that, in all probability, the source of the infection, referred to as E companyi infection of the intra ocular cavity, was the numbermal saline used on the eyes at the time of surgery.
Originally, the four respondents were the State of U.P., Dr. R.M. Sahay, the Chief Medical Officer, Buland Sahar District U.P. and the Lions Club of Pottery Town, Khurja.
