Y. NARESH & ANR. Vs. DR. VASU KARLAPUDI

JUDGEMENT

(1.) The patient, Ms. Neerja, about 40 years was suffering from knee joint pain from 2005-07. She approached Pujitha Hospital with her husband, Mr. Y. Naresh and consulted Dr. Vasu Karlapudi, an Orthopedic Surgeon. In August 2007, the OP diagnosed her as a case of Polyarthralgia , he prescribed a new drug 'Arava', its generic name is 'Leflunomide' in the dose, 20 mg. He also advised few blood tests and physiotherapy. The complainant used this drug from 04-09-2007, for a period of one month. Then,she developed skin allergy and diarrhea. It was informed to OP, who assured, 'nothing serious', but advised to contact general physician. Therefore, the patient contacted physician Dr. B. Guruprasad of Global Hospital, Vijaywada, on 16.10.2007. Thereafter, she was admitted in Jagdamba Hospital at Gandhinagar from 19.10.2007 to 25.10.2007. Again, she consulted Dr. A.N. Roy, on 30-10-2007, who advised immediate hospitalization, as the patient suffered serious reaction like skin allergy, diarrhea and health complications due to consumption of 'Arava'. Further, she suffered abdominal pain, fatigue and peeling of the skin. She was hospitalized in Yashododha Hospital, Hyderabad, on 30.10.2007, but despite all efforts, she died on 21-11-2007 in Yashoda Hospital. The death summary revealed that, she was suffering from Leflunomide Induced Toxic Epidermal Necrolysis (TEN), Therefore, the complainant filed a complaint before the Andhra Pradesh State Consumer Disputes Redressal Commission at Hyderabad, against the OP and 15 others, including manufacturing unit and marketing division of the drug Arava. Another complaint also was filed before the Additional Chief Metropolitan Magistrate.

(2.) The State Commission held the OP negligent to some extent and passed the following order:

(3.) Aggrieved by the order of the State Commission, the appellants (the complainant and the daughter of the deceased) filed this appeal for enhanced compensation.