HARESH KUMAR Vs. SUNIL BLOOD BANK

JUDGEMENT

(1.) The complainant Sh. Naresh Kumar has stated that his wife Mrs. Indu Rahl was admitted in Safderjung Clinic, C-4/144, Safderjung Develop- ment Area, New Delhi on 17.8.89 for delivery of a child. She delivered a male child on 17.8.89 at 6.52 P. M. weighing 2.8 Kg. (Exhibit 1 ). She was discharged on 23.8.89. On 17.8.89 Dr. (Mrs.) Indira Kohli, the doctor who runs the clinic, informed the complainant that she would need to perform a caesarian operation upon the complainant's wife. She asked him to procure one unit of blood Group 'a' positive for the operation and gave the complainant a written blood requisition form. The complainant further stated that Dr. Kohli had asked the complainant to procure blood from Sunil Blood-Bank and Transfusion Centre, 806 Arjun Nagar, Kotla Mubarakpur, Opposite Defence Colony, New Delhi. The com- plainant purchased blood from Sunil Blood Bank and paid an amount of Rs.200/- vide Cash Memo No.1846 dated 17.8.89 (Exhibit 2 ). The blood was administered to the complain- ant's wife on 17.8.89 and she was discharged from Safderjung Clinic on 23.8.89.

(2.) Complainant's wife started having fever, vomiting etc. on 26.8.89, three days after she was discharged from the clinic. She was taken to the CGHS Dispensary No.43, R. K. Puram on 28.11.89 and remained under the treatment till 15.12.89 (Exhibit 3) where the doctor on duty was of the view that she might be suffering from Hepatitis B. She was advised to have her blood tested from Safderjung Hospital laboratory vide his report dated 5.12.89 at S. No. A-l 19346 intimated that the complainant's wife was HBs Ag positive patient. After this she remained under treatment of Dr. Y. K. Joshi, Gastroentrology and Human Nutrition Unit of All India Institute of Medical Sciences (AIIMS), New Delhi. The complainant further slated that h is wife suffered acutely from Hepatitis B for more than two months. She had fever, vomiting, loss of appetite and loss of five Kgs. weight

(3.) The virus of Hepatitis B was also transmitted to the complainant by his wife who suffered from acute vital Hepatitis B and also remained under treatment of Dr. Y. K. Joshi of Gastroentrology and Human Nutrition Unit, AIIMS New Delhi vide O. P. D. No.17862/ 90 dated 12.4.90 and had to remain on medical rest from 12.4.90 to 6.6.90. He suffered from fever, headache, loss of appetite, skin allergy, weight loss, extreme weakness. Dr. Y. K. Joshi was of the opinion that the blood purchased from Sunil Blood Bank had Hepatitis B virus in it. The transfusion of this blood to the complainant's wife, Mrs. Indu Rahl resulted in her suffering from Hepatitis B which was later communicated to the complainant by his wife. The complainant has sought a relief of Rs.5 lacs. from Sunil Blood Bank which supplied of which the complainant's wife and the complainant had to undergo acute physical and mental suffering for a period of more than 4 months.