STATE OF GUJARAT Vs. SHAHENAZBANU ASHRAFALI MINOR

JUDGEMENT

(1.) The trial Court has passed a decree for damages of Rs. one lac on the ground that the respondent-minor Shahnazbanu was negligently administered tripple vaccine and the child suffered from poliomyelitis and permanent deformity and disability.

(2.) The plaintiff's case is that the defendant No. 3-Nurse Ranjanben had given a triple vaccine injection to minor Shehnazbanu in vein instead of muscle on 3-7-1979 and due to it, she got the disease of polyomyelitis. It is the case of the plaintiff that instead of intra muscular, the Nurse had given intraveinous injection carelessly and thereby caused the aforesaid disease. At that time, the minor child was aged about one and half years. The injection was given on her right buttock. It is further stated by the plaintiff that next day she was taken to Dr. Agarwal who gave her treatment and medicine for two days. Because she did not get well, she was referred to Ahmedabad Civil Hospital. On 16-7-1979, she was taken to local Dr. K. C. Patel. He had also advised her to be taken to the Civil Hospital, Ahmedabad and Dr. Patel had told the plaintiff that as the injection was given in vein instead of muscle to the minor Shehnazbanu, she had got poliomyelitis in her right leg. On 21-7-1979, she was taken to Ahmedabad Civil Hospital where she was admitted as an indoor patient for seven days and she was prescribed further treatment of electric shocks and physio therapy. Ultimately, there was no improvement in the right leg of the child. The certificate of Dr. K. C. Patel dated 20-7-1979 states that Shehnazbanu was admitted in his dispensary on 16-7-1979 and on examination, the child was found to have got poliomyelitis of right lower limb. The certificate further states that "the cause of the same appeared to be due to injections." While referring the case, Dholka Medical Officer referred to the disability of the lower limb and noted that the patient had taken three dose of DPT. It is also noted that after the third dose, the patient had developed paresis. The case papers of the Civil Hospital show that on admission, it was noted that there was polio of lower limb right side and the first dose of polio vaccine was given.

(3.) It is not in dispute that tripple vaccine injection was given to the child on 12-7-1979 and soon thereafter the child had developed the signs and symptoms of poliomyelitis and that even after the treatment in Ahmedabad Civil Hospital, the permanent disability and deformity has remained. Relying on these circumstances, the plaintiff has contended that it was due to the negligent and faulty way of administering injection through the vein that this poliomyelitis had resulted. Dr. Patel is examined at Ex. 52 and he has issued the certificate Ex. 54. He has stated that he was having the qualification of M.B.B.S, and had been practising from 1967. He has further stated that on 16-7-1979, the child was brought to his dispensary and there was paralytic effect on the right leg of the child and that he had issued the certificate. He has stated that on both buttocks, there is a sciatic nerve connected to the spinal cord and both are connected to the brain. He has further stated that DPT injection is to be injected in muscle and if the injection is not carefully administered in muscles of the buttock, the sciatic nerve would be affected and there would be paralytic effect and that is why he has issued the certificate that this appeared to be due to injection. He has stated that when he had examined the child, his entire leg was affected by paralysis. In the cross-examination, he has stated that the buttocks are largely muscular and sciatic nerve passes from below the muscles and it is lying 1.5" to 2" deep. He admitted that the failure is caused by viral infection and that the symptoms are not seen in the initial stage and this was known as "symptomless" symptomatic condition or silent infection. He has also stated that in the first three weeks, the virus enters the body and thereafter chances of recovery are few. He further stated in the cross-examination that he could not definitely say that in the present case, this had happened due to the administration of DPT injection.