Abdomen infection not due to Covid treatment, but low immunity: BMC to HC

The civic body stated that the infection, suffered by petitioner after being discharged, was due to low immunity and other ailments.

Mumbai: Replying to a petition by a 54-year-old man, seeking a compensation of ₹36 lakh for alleged medical negligence at a civic jumbo Covid-19 centre in 2021, the civic body has stated that the infection, suffered by him after being discharged, was due to low immunity and other ailments and not due to any negligence by doctors at the centre.

Navi Mumbai, India - June 21, 2021: (FILE PHOTO) Jumbo Covid Care Centre (CCC) at CIDCO Exhibition Centre, Vashi, in Navi Mumbai, India, on Monday, June 21, 2021. (Photo by Bachchan Kumar/ HT PHOTO) (HT PHOTO)

While hearing the petition filed by Andheri resident Deepak Shah, the division bench of justice A S Chandukar and justice M W Chandwani was informed by advocate Abhishek Bhaduri that his client had approached the court after the Brihanmumbai Municipal Corporation (BMC) turned down his client’s claim for compensation.

Shah, a diabetic, had undergone a surgery for hernia in April 2021, and a mesh was inserted below the abdomen. In May 2021, he developed Covid symptoms and he was tested, the result of which was positive for the Delta variant. As his condition deteriorated, Shah was admitted to the jumbo Covid centre in May 2021. He was provided treatment and discharged in the first week of June.

However, by the end of the month, he developed pain in the abdomen. The doctor who had conducted the surgery for hernia informed him that the mesh had developed an infection. Shah had to undergo two surgeries in June and August after which he claimed he was bed-ridden.

He sought compensation as the infection had developed during his treatment at the jumbo centre where he claimed the doctors’ administered injections in the abdomen area regularly till, he was discharged.

In response to the direction of the HC, Dr Rajesh Dere, dean BKC jumbo centre, filed an affidavit denying the allegations that the infection in the mesh was due to the injections administered to Shah in his abdomen during his treatment.

The affidavit relied on the medical reports of Shah after the hernia surgery as well after the two surgeries to point out that the reports had stated he had low immunity. Dr Dere stated low immunity was a common cause for infection of the mesh and as he was diabetic. Hence the infection could not be attributed to the treatment at the centre.

The affidavit further stated that Shah was treated as per Indian Council of Medical Research (ICMR) guidelines and the injections were administered in the lumber area of the abdomen whereas the mesh was inserted in the umbilical region. Dr Dere has further stated that the injections were administered in the skin and not the muscles and hence there was no possibility of the mesh getting infected because of the injections.

The affidavit claimed that during the treatment and at the time of discharge from the centre neither Shah nor his family had not complained of any discomfort. Dr Dere stated that in light of this Shah’s claim was an afterthought and hence, the petition was not maintainable and should be dismissed.

The bench then directed the petitioner to respond and posted hearing after four weeks.