Cases & Orders

Case Details

File No 4018/18/11/2014 NHRC Direction issued by commission on these proceedings are in continuation of the earlier proceedings of the Commission dated 01/07/2017. On 01/07/2017, the Commission observed and directed thus:- “The Commission has considered the representation of the Odisha Government. This is clear from the report that before the administration of this drug to the patient at the hospital, not a single sensitivity test was done by the treating doctor and nursing staff. The plea taken by the State that such reaction may occur even in cases where the skin tests is conducted cannot be accepted in view of the fact that 37 patients in a single day were affected by the administration of this drug. This is not conceivable that all the 39 patients would have been given injection at the time so that the patients who were given the injection initially, would have developed the reaction before the administration of this drug to the remaining patients and the doctors and the staff of the hospital must have noticed that the drug was causing reaction in the patients that even thereafter they continued to give this injection to other patients and that too without conducting the sensitivity test is a further act of negligence by the doctors and the staff of the DHH Phulwani. The doctors and others were thus prima facie guilty of violation of the human rights of these patients, the human body and their right to life and health. The Commission therefore does not find any merit in the representation of the State of Odisha and the same is rejected. The Chief Secretary, Government of Odisha is therefore directed to pay a monetary compensation of Rs. 10,000/- each to 37 patients as per the list submitted by the Department of Health & Family Welfare, Government of Odisha (copy attached). Compliance report along with proof of payment should be submitted to this Commission by the Chief Secretary by 4.8.2017.” Pursuant to the directions of the Commission, the Commissioner-cum-Secretary, Health & Family Welfare Department, Government of Odisha has submitted the report dated 08/01/2019 which reveals that the payment of Rs.10,000/- each has been paid to the 24 victims by depositing the amount in their respective savings bank accounts and sanction has been issued for payment to two other victims and the same will be remitted soon in their accounts. Due to reasons like non-availability of address/non-submission of legal heir certificate in case of the deceased victims, the payment could not be made to 11 remaining victims. The report further reveals that CDM & PHO Kandhamal has been asked to make all out efforts to ensure payment of compensation money to the left out victims as early as possible. Proof of payment of the amounts made to the victims has been en enclosed. The Commission perused the report and observes that payment of monetary compensation of Rs.10,000/- each has been paid to 24 victims and sanction issued to two other victims and the amount will be paid soon. Remaining 11 victims could not be paid the amount due to non availability of their addresses or non-submission of legal heir certificates in case of those deceased victims. The Commission directs the Commissioner-cum-Secretary, Health & Family Welfare Department, Government of Odisha, Bhubaneswar, Odisha to ensure payment of the compensation amount of Rs.10,000/- each to the remaining 13 victims also and submit the compliance report to the Commission within six weeks. With these directions, the case is closed.

Anita Majhi, Ahalya Pradhan & 28 other patient/victims
are seriously sick after taking the Edicef-SB antibiotic injection
supplied by Govt. Of Odisha where the said injection was meant
for fever & cold patient in free of cost. The Govt. is
experimenting such injection for first time in Odisha on human
being violate Human Rights due to Inaction/Unlawful action by
the Medical/Public Authority.