DB seeks undertaking from Com Secy Health for continuous supply of drugs

Excelsior Correspondent
JAMMU, Sept 7: Division Bench of State High Court comprising Justice Virender Singh and Justice Muzaffar Hussain Attar, has directed the Commissioner Secretary Health Department to file an affidavit giving an undertaking that the Drug (Factor VIII) will be continuously available in both the Medical Colleges of the State and all necessary steps will be taken well in advance for purchase of the particular drug.
These directions were passes by the DB while expressing deep anguish and displeasure over the unfortunate death of hemophilia patient at SMHS Hospital on July 6, 2012 due to non-availability of Hemophilia Drug (Factor VIII) at SMHS Hospital which resulted into lot of resentment amongst the patients suffering from this problem.
Medical Superintendent SMHS Hospital, Srinagar, who was present in the Court on the last date of hearing had been directed to furnish his affidavit indicating stock position of Hemophilia Drugs from July 1, 2012 up to July 6, 2012. Besides he had also been granted time for filing the report of the committee constituted with regard to review of anti-hemophilia factor (Factor VIII).
After hearing Advocate Anil Biloria appearing for the PIL and Deputy AG Neeru Goswami appearing for the State, Division Bench observed, “additional affidavit has been filed by Medical Superintendent admitting that no hemophilia drug was available with the Department of Hematology and Transfusion Medicine, SMHS Hospital from July 1, 2012 to July 6, 2012 for treatment of Hemophilia patients. However, the patients were being managed with other medicine known as FFP and CRYO Precipitates, which were available in the Department during this period”.
Advocate Anil Biloria stated that the additional affidavit filed by Medical Superintendent strengthens the case of the petitioner vis-à-vis non-availability of hemophilia drugs at SMHS Hospital for the period, which resulted into the death of Zahoor Ahmed Mir.
On this, Division Bench allowed an opportunity to the petitioner to file an affidavit to indicate that Zahoor Ahmed Mir was initially taken to SMHS Hospital, Srinagar from where he was taken to SKIMS Srinagar on account of non-availability of a particular drug (Factor VIII) which resulted into his death.
In view of the facts and circumstances, the DB directed Commissioner Secretary Health Department to file his affidavit giving an undertaking that the Drug (Factor VIII) will be continuously available in the two Medical Colleges of the State. He will also give an undertaking that all necessary steps including the availability of the funds for the purchase of the particular drug will be taken well in advance.
While allowing week’s time to Neeru Goswami, Deputy AG to do the needful, Division Bench, in view of the importance of the matter, directed the listing of PIL filed by Society for Hemophilia Care on September 12, 2012 for further orders.