VIJAYA NAGA JYOTHI RICE Vs. ASSISTANT COMMISSIONER

JUDGEMENT

(1.) Today, when the matter is taken up for hearing, Sri Y.V. Ravi Prasad, learned senior counsel/amicus curie submits that number of black fungus cases have been increased in the State from 1440 to 1777 as on today as seen from the portal which gives the details about the number of cases. He further submits that drug that is being used to treat Mucormycosis (black fungus) Liposomal Amphotericin B is not sufficiently available in the State of Andhra Pradesh.

(2.) Learned Government Pleader, Mr. C. Suman, submits that the allocation of the subject drug for black fungus is not sufficient to cater to the needs of the patients. Sri N Harinath, learned Assistant Solicitor General filed a memo dtd. 4/6/2021 on behalf of the Government of India at the last date of hearing.

(3.) According to the said Memo, Union of India is allocating the said drug to prevent inequitable distribution and hoarding. It is stated that several States are requesting for allotment of higher quantities of the said drug and that depending on the number of patients in a particular State the drug is being allocated. It is also stated that about 13830 injunctions have been allocated to the State of Andhra Pradesh till 31/5/2021. Today, another memo dtd. 7/6/2021 is filed by the 1st respondent, which states that additional 7770 vials have been allocated to Andhra Pradesh from Mylan Labs on 5/6/2021. It also specifically stated that allocation to various States is reviewed periodically and fresh allocations are being made basing on the number of patients in each State. When a similar issue came up before the Division KVL, J & DR, J WP (PIL) No.226 of 2020 & batch Bench of the Delhi High Court in WP (c) No.3031/2020 & batch on 1/6/2021, Dr.U.B. Das, Senior Chief Medical Officer in the Directorate General of Health Services, Ministry of Health, Government of India, participated in the proceedings and his submission is recorded as follows by the Delhi High Court. "Liposomal Amphotericin B is the drug of choice to treat Mucormycosis (black fungus) and the recommended dosage is 5 mg per Kg (of the body weight) of the said drug. Therefore, for a person weighing 60 Kgs, the patient would require about 300 mg of Liposomal Amphotericin B per day, which translates to six Vials of 50 mg each. The number of vials administered on the patients could vary depending on the body weight, more or less. However, the average comes to about six vials per patient per day. He also states that there is an alternate, namely, Amphotericin B, which has been used to treat Kala Azar for a couple of decades. However, he also states that plain Amphotericin B is Nephrotoxic, i.e., it adversely affects the kidneys and, therefore, the kidney function of the patient - who has been administered Amphotericin B, needs to be monitored. He also states that there is yet another medicine, namely, Posaconazole - which can also be used to treat the patients of Mucormycosis (Black Fungus)".