NAGPUR: Doubting Maharashtra government’s distribution policy regarding Amphotericin B Liposomal and Lipid Complex, the Nagpur bench of Bombay high court on Wednesday expressed possibility of discrimination between districts in supply of the lifesaving drugs.
“Prima facie, the chart supplied by the government doesn’t show that distribution is in proportion to the number of black fungus patients in each district.
It appears that there are chances of allocation of more injections to certain districts while others received less supply,” said a division bench comprising Justice Sunil Shukre and Justice Avinash Gharote.
While hearing a suo motu PIL based on TOI report where Shreerang Bhandarkar was appointed amicus curiae along with Nidhi Dayani, the bench asked the government to clear the doubts by furnishing district-wise information of active mucormycosis patients.
“Government pleader Ketki Joshi informed that the distribution chart is also published daily on the health department’s web portal.
We accept her statement and direct modification in the chart format as indicated by us earlier be done forthwith,” said the judges.
Earlier, central government had filed two pursis providing details about steps taken to increase Amphotericin production and supply.
On June 4, the allocation for Maharashtra was 23,110 vials based on the active caseload of 4,012, which means 5.75 vials per patient.
“The state also filed a chart showing district-wise distribution of Amphotericin.
The basic difference between the formats adopted by the state and Centre in providing this information lies in the figure of active caseload.
While the Centre specified patients under treatment, the state failed to do so.
Without disclosing the patient load, any distribution may not serve the purpose.
The state would have to adopt the Centre’s format so that nothing is suppressed, nothing is concealed and the distribution comes out in a very transparent manner,” said the judges.
“However, the Centre’s distribution chart doesn’t inform us beyond June 4.
We request the assistant solicitor general (ASGI) Ulhas Aurangabadkar to submit district-wise distribution of this drug to all the states across the country,” said the HC.
NMC, pvt hospitals told to resolve issues amicably On the complaints of overcharging by private hospitals, NMC counsel Sudhir Puranik informed the court that a majority of hospitals were not responding to its notices seeking information about patients, treatment cost etc and replying in “irresponsible manner”.
The HC then directed both the parties to amicably resolve all issues.
Puranik said NMC had sought information necessary for appropriately dealing with more than 450 complaints of overcharging by private hospitals.
Opposing his contentions, IMA counsel Bhanudas Kulkarni said all hospitals are ready to cooperate, but their concerns should be addressed by the civic body on priority.
“We’re of the view that in this difficult time, instead of treading on a course of friction, it is better that this issue is resolved cordially.
If patients’ complaints are provided to the hospitals, they would be in a better position to give specific replies.
The authorities along with IMA and VHA representatives may sit across the table for resolving the disputes,” said the judges.
The court asked NMC to provide complaints to the hospitals, who would reply within a week and if any issue remained unresolved, the HC would deal with it.
“An endeavour shall be made to resolve the issues through deliberations and discussions.
Any non-cooperation from the hospitals shall be viewed seriously and some penal consequences may also follow,” the bench warned.
Maharashtra may have discriminated in Amphotericin-B allocation: High Court
