PARVEEN BEGUM Vs. STATE OF H.P.

JUDGEMENT

(1.) -This writ petition has been registered on the basis of communication from the petitioner to the Chief Justice of this Court. It has been stated that on December 12, 1989, eight months female child of the petitioner -Shaista -was vaccioated against D. P. T. at the District Hospital, Chamba negligently with the result that the left -leg got paralysed. On December 29, 1992. when this fact was brought to the notice of Dr. Narang, Senior Medical Officer, the child was referred to Dr. C. B. Singh, who, after examination, declared her paralytic in left -leg, Certain medicines were prescribed but there was no relief. Again, the child was brought to Chief Medical Officer, Chamba who referred the case to some other doctor whose medicines did not improve the position, Thereafter, the child was referred to Post Graduate Institute, Chandigarh where the doctors, after thorough investigation, opined that the child got paralytic due to wrong vaccination of D. P, T. and could not be cured. After two -three months physiotherapy has to be undertaken at the Institute. This all happened due to the negligence of medical officials at the District Hospital, Chamba The future of her daughter has become dark. Petitioners husband Mirza Akhtar Beg, Clerk in the Electricity Board, made an application to the Medical Department for grant of compensation but no attention was paid to it. The family is not in a position to give the child proper medical treatment.

(2.) Some time back, her husband made applications to the Chief Medical Officer, Chamba, the Director of Health Services and the Secretary (Health) to the Government of Himachal Pradesh but they did not bother to do something in the matter. The petitioner has claimed compensation from the respondents for the lapse which has resulted in paralysis of the left -leg of the child In support, documents from Post Graduate Institute, Chandigarh have been filed. In one of them, it has been investigated that the child was "Asymptomatic" at the time of vaccination meaning thereby that she was free from any kind of ailment and the problem started on 3rd/ 4th day of the vaccination with mild, moderate fever, weakness of left -leg. It has also been opined that there was sciatic nerve injury after the D, P. T. injection

(3.) The Director of Health Services, Himachal Pradesh has filed affidavit in this case. It has been admitted that the child was vaccinated for D. P. T. at the District Hospital, Chamba on December 12, 1989 but it has been denied that she was negligently vaccinated by the staff The Chief Medical Officer, Charoba got the matter inquired into from the Medical Officer (Health), Chamba who has pointed out (Annexure RA) that Post Graduate Institute, Chandigarh report did not indicate final diagnosis nor the cause for the problem could otherwise be established. The child did not developed paralysis due to immunisation of DP T, therefore, negligence on the part of the Medical Officer of District Hospital, Chamba could not be there. It has been pointed out that in all, twelve children including this child were immunised on December 12, 1989 and none developed paralysis or any other complication as no complaint had been received from them.