Thread by @barandbench

Aurangabad Bench of #BombayHighCourt is hearing suo motu public interest litigation on COVID issues in Marathwada region.

Bench of Justices RV Ghuge and BU Debadwar is hearing Centre’s response on the issue of #ventilators

#COVID19

Bench notes from an affidavit submitted by the Centre that the ventilators issue has been sorted.

Court: We do not want to order that use these ventilators. We leave it upon the doctors and the medical staff to take that call on using the ventilators.

#BombayHighCourt

Court: We have been told through this affidavit that the ventilators are safe to be used on patients. With proper back-up if they can be used then..
Back-up in the sense, if there is some fault, then the patient does not suffer.

#BombayHighCourt #COVID19

Court: We are saying this because are we testing the ventilator or the health of the patient?
Because if the ventilator has some problem, then the back-up can be used, that is all.

#BombayHighCourt

Chief PP DR Kale: Medical authorities do not want to take this risk. Let them take back the ventilators, repair them, do whatever they want, and then you repair and give us, so they can use them without any fear.

#BombayHighCourt

ASG Anil Singh: We supplied to the State - the State supplied this to the hospitals. It is only in this hospital that there was a problem.
And we are not making allegations, or spying but when the doctors visited the hospitals..

#BombayHighCourt

ASG: When the doctors visited the hospital 19 put of the unboxed ventilators, 16 were working. 3 had some issue. But without unboxing how can you come to this conclusion.

#BombayHighCourt

Court: Out of 37, unbox 17 ventilators, wait for 20. If they are non-functional, keep them aside, and if they do not function, then Singh will take the same action.

#BombayHighCourt

Court: We cannot send back the ventilators which are unboxed because that would mean we are assuming they are non-functional.

#BombayHighCourt

Kale objects.

Court: Mr. Kale, let us come to a workable solution. Mr Singh is fairly saying, if there is some issue, they will take them back, and do R&D on them.

#BombayHighCourt

Court: The situation now is crucial. There is black fungus, there is yellow fungus.. God knows how many more colours are there. We hope and pray it stops at yellow.. But let us first try to unbox the ventilators, if there is issue, Mr. Singh is saying he will help.

#BombayHC

Kale: We just do not want the repair work to carryon in the hospital..

ASG: I am agreeable with the court’s suggestion. Let them open, if they can repair the machines, and the repair is minor, then the technicians will work on it immediately, if it is major, then take it.

Court: You can also send some ventilators to MGM hospital if need be, they can open some.
Segregate the non-functional ventilators and use the functional ventilators. Jyoti CNC will take care of it.

#BombayHighCourt

Court dictates order:

We have considered submissions of ASG Singh, Chief PP Kale and Amicus curiae Satyajit Bora.
The Dean of the GMCH is present in court.

#BombayHighCourt #ventilators

Order:

Affidavit is filed by GK Pillai, MoHFW along with certain reports (89 pages) and taken on record.

@MoHFW_INDIA

#BombayHighCourt #ventilators

Order:

Chief PP tenders a report prepared by GMCH Aurangabad (8 pages). Taken on record.

#BombayHighCourt #ventilators

Order:

We find from the submissions of the counsel and reports submitted that 18 out of the 19 dysfunctional ventilators have now been rendered functional after several repairs carried out by the team dispatched by Jyoti CNC.

#BombayHighCourt #ventilators

Order:

In the presence of the two medical experts, who had travelled from Delhi to Aurangabad and the team of the GMCH Aurnagabad.

#BombayHighCourt #ventilators

Order:

@MoHFW_INDIA affidavit indicates repairs carried out. There is no dispute that the 18 ventilators can be used on patients provided the same are supported with stand-by ventilators commonly understood as “ventilator back-up”.

#BombayHighCourt #ventilators

Order:

In short, if any of these ventilators are to be used, the GMCH Aurangabad will have to keep a standby ventilator in readiness as a backup ventilator to ensure the treatment/ health of the patient is not put to jeopardy

#BombayHighCourt #ventilators

ORder:

If any of these ventilators suffer non-function. This also indicates that as on date, neither the manufacturer nor the procurement agency HLL, and nor is the GMCH Aurangabad comfortable in using the said ventilators independently without any backup.

#BombayHighCourt

Order:

It is brought to our notice that about 5500 ventilators were supplied by Union of India to the State of Maharashtra.

#BombayHighCourt #ventilators

Order:

The Chief PP submits that there are stickers affixed on these ventilators (150 supplied to the GMCH Aurangabad) which indicate that these ventilators are through the PM Cares funds.

#BombayHighCourt #ventilators

Order:

Shri Singh on specific instructions from Rajiv Wadhawan, director MoHFW states that the Union of India is making a statement that none of the ventilators supplied by Jyoti CNC are through PM Cares funds.

@MoHFW_INDIA

#BombayHighCourt #ventilators

ORder:

There is no dispute that one of the ventilator out of the 19 subjected to repairs are dysfunctional due to issues in touchscreen. That the said part would be replaced by Jyoti CNC, and that being the solitary defective part the 19th ventilator would be functional soon.

Order:

The issue is regarding 37 unboxed ventilators, allocated to GMCH Nanded and Aurangabad.
Shri Singh informs us on instructions that MGM facility at Aurangabad has declared that all 20 ventilators received by them are perfectly functional and normal.

#BombayHighCourt

Order:

Similar is a statement made by private hospital, Pacific hospital that the ventilators supplied to them are functional and normal.

#BombayHighCourt #ventilators

Order:

ASG Singh points out report annexed to the affidavit. Committee of 5 persons have declared that other ventilators supplied through various entities in the Maratahwada region are also functional.

#BombayHighCourt #ventilators

ORder:

Since we are of the view that there should not be any scope for suspicion, and circumspection, it would be appropriate the Divisional Commissioner Aurangabad to collect specific reports from the various respondent district collectors wherever ventilators from this lot..

Order:

Out of 150 is allocated with regard to functionality fo such ventilators.
We direct the Commissioner to do the needful and collect specific reports from District collectors as regards the performance status of the ventilators which have been allocated to their districts

ORder:

By contacting the medical facilities where they have been deployed to collect a first hand report. Such report will be tendered to us on the next date.

#BombayHighCourt #ventilators

ORder:

Out of the 37 ventilators to be unboxed, ASG submits that the ventilators can be unboxed and used. Those which are normal and functional can be utilised for treatment. Those who are dysfunctional and have performance issues may be segregated.

#BombayHighCourt

Order:

Chief PP submits on instructions, that crying out rectification procedures/ repairs on the dysfunctional in GMCH would convert GMCH into a workshop.

#BombayHighCourt #ventilators

Order:

They cannot spare their. Faculty members and treating doctors on such exercise of carrying out repairs on faulty ventilators.

#BombayHighCourt #ventilators

ORder: Jyoti CNC may take back faulty ventilators to its own R&D, carry out tests and repairs and then supply those ventilators which are perfectly functional so as to be utilised for the treatment of patients.

#BombayHighCourt #ventilators

ORder:

Singh is agreeable to such suggestions and on instructions, such ventilators will be carried back to Jyoti CNC. If there is a minor defect which can be quickly addressed at Aurangabad itself without disturbing the routine at GMCH..

ORder:

The team deployed by Jyoti CNC will carry out repairs on the spot. The issue on ventilators will be next heard on June 21, 2021.

#BombayHighCourt #ventilators

Order:

We make it clear that those 18 ventilators which have been repaired in the last week and which as per affidavit maybe put to use with a back-up ventilator and in the event GMCH finds any problem with any ventilator, the same may be brought to our notice through a report.

Order:

Copy to be handed over to ASGI Aurangabad so as to collect instructions.

List this PIL on June 10, for dealing with #Mucormycosis issue.

#BombayHighCourt #ventilators

Hearing ends.

#BombayHighCourt #ventilators