The unprecedented episode of negligence sparked a State wide protest in Assam with many organizations demanding the resignation of the Health Minister Dr. Sharma over the ‘unpardonable’ lapse on part the authority in a Government civil hospital. At least three persons have reportedly been diagnosed as HIV positive in Mangaldoi Civil Hospital in northern Assam’s Darrang district months after they had taken blood from a particular donor at the hospital through the hospital blood bank. All hell broke loose in the State after the news was broke. The glaring lapse came to light when one of the persons after testing HIV+ filed an RTI application through one of his friends to know the details about his diagnosis when he was undergoing treatment in the hospital a few months back. When all his donors who had given blood to him were tested one of them proved to be HIV+. Later, it was found that the same person had given blood to three other patients in the hospital including a woman who were also later tested HIV +.

Assam Chief Minister Tarun Gogoi has ordered a high - level inquiry into all the cases in which some patients contracted AIDS after undergoing blood transfusion in the civil hospital. The Chief Minister has instructed an Additional Chief Secretary of the State to submit the inquiry report within a month.

The State Government has also registered a criminal case in this regard as it was a fall out of criminal negligence. Gogoi has said that the victims would also be paid compensation by the government at the rate of Rs 5 lakh each as it had happened at a government hospital.

Gogoi also said that the Assam Government would also bear the entire medical expenses for the treatment of these victims. Legal options for initiating deterrent action against those found guilty for the serious lapses are being explored by the Government. The superintendent of the civil hospital Dr. Bijit Saikia and three other employees including the in charge of the blood bank have been suspended on charges of negligence of duty.

Health Minister Dr. Sharma has admitted that the medical service in Darrang district had been deteriorating over the last couple of years and the district occupied the lowest position in respect to healthcare among the districts of the whole country as per a report of the Government of India. Dr. Sharma, on June 15th had deputed a team of experts from the Gauhati Medical College and Hospital to Mangaldoi government civil hospital to make a thorough enquiry into the alleged lapse. On the basis of the preliminary inquiry report submitted by the team of experts Dr. Sharma, however, claimed that so far it had been ascertained that out of three victims including one man and two women, only one (a woman) was confirmed to have contracted the AIDS virus after taking blood from the hospital blood bank. He informed that as per hospital documents, the HIV positive donor had given blood on two occasions – on September 4th, 2012 to a man and on February 6th, 2012 to a woman. According to Dr. Sharma, the male patient who was given blood on September 4th, 2012 was found to be carrying the HIV virus for over three years so he was definitely not infected during the blood transfusion in the hospital.

As per hospital documents, the HIV positive donor had given blood on two occasions – on September 4th, 2012 to a man and on February 6th, 2012 to a woman.

It has been ascertained that one of the HIV positive woman got infected after she took blood from the same donor on February 6th, 2012 in the hospital. She was confirmed to be infected with HIV virus on April 18th. Significantly, the donor was found to have been infected with the virus around the same period.

It may be mentioned that according to the guidelines of National AIDS Control Organisation (NACO), HIV infection in a person can be confirmed through pathology test 42 to 60 days after the person actually get infected by the virus.

Regarding the third victim, a woman, Dr. Sharma said her case was a separate one as she was given blood through the hospital blood bank from three donors and all these donors would be subjected to testing. The Health Minister has also admitted that there were lapses on the part of the concerned hospital staff who failed to collect personal details of blood donors as per the norms. He said personal details of blood donors must be collected to verify how trustworthy the donor is on the basis of his background and lifestyle etc.

DONOR’s PHOTOGRAHPS TO BE RECORDED

Meanwhile, alarmed over the incidence of HIV infection after blood transfusion in the Government civil hospital at Mangaldoi, the Assam Government has announced that from now onwards all the blood banks in the State must record photographs of blood donors along with their names in the official register.

Dr. Sharma said that given the risk involved in blood transfusion as had been reflected in the Mangaldoi civil hospital incident, such a new system of record keeping is important. Regarding the glaring lapse on the part of the hospital authorities that led to at least four patients getting infected with the dreaded AIDS virus at Mangaldoi Civil Hospital, Dr. Sharma said that the technical inquiry committee instituted by the department had already submitted its report but the whole episode would become clear only after a thorough criminal investigation for which the Joint Director of Health, Darrang district had been directed to lodge a police complaint.

The State Health Minister informed that now a pathologist as full-fledged in-charge on the blood-bank had already been appointed in Mangaldoi civil hospital, but due to shortage of pathologists this could not be replicated at all the blood banks of the State. He also announced the release of financial aid of one crore rupees for necessary furniture of the trauma centre and infrastructure development of the 200-bed Mangaldoi Civil Hospital in order the salvage the image of the department that has taken a serious beating after the episode.

RELEVANT HIGH COURT DIRECTIVES

The tragedy that struck at Mangaldoi Civil Hospital could well have been averted had the Assam Government adhered to a judgement and order passed by the Gauhati High Court nearly 13 years back. The High Court, in its judgement and order dated September 26th, 2000, in response to a PIL, had specifically asked the Assam Government to ensure a transparent functioning of the blood banks and regulate their activities through a State Transfusion Council. It also directed the Government to ensure that all tests concerning blood donation and transfusion conformed to the mandatory norms set by World Health Organization (WHO). “The State authorities shall close those blood banks which are operating in the State without valid licenses and establish a Blood Transfusion Council to regulate the affairs of the blood banks in the State, ensuring that all tests mandatorily required to be done as prescribed by WHO before transfusion of blood are carried out,” a Bench comprising the then Chief Justice Brijesh Kumar and Justice D Biswas noted in the order.

The High Court order then also directed that guidelines and strategies formulated by the NACO be properly implemented in letter and spirit with due regard to the London Declaration and AIDS Prevention dated January 2nd, 1988 and the global strategy formulated by WHO. In total the court issued eight directives for addressing the growing concern over AIDS.

In the wake of the reported HIV infection in Mangaldoi civil hospital following blood transfusion, one the petitioners of the PIL has now sought the intervention of the incumbent Chief Justice of Gauhati High Court to institute an inquiry into non-compliance of the court directives and necessary action thereafter.