Kerala Police on June 17 resorted to lathi-charge and used water cannon against Akhil Bharatiya Vidyarthi Parishad (ABVP) workers as they tried to march towards VPS Lakeshore Hospital in Kochi on the issue of alleged violation of organ donation norms.
ABVP has been demanding a detailed probe on the matter. They also wanted the doctors concerned to be removed from their respective positions.
Earlier, Ernakulam First Judicial Magistrate issued an order to register a case against Lakeshore Hospital, Kochi, based on the complaint against organ donation in connection with the report that V.J. Abin (21), an Udumbanchola native, was declared brain dead. He met with a motorbike accident on November 29, 2009, and was admitted in Mar Baselios Hospital, Kothamangalam. And, next day, he was shifted to Lake Shore Hospital, Kochi for expert and specialised treatment. The very next day he was declared brain dead.
The court decision was in the wake of the complaint lodged by Dr. S. Ganapathy of Maruthadi in the Kollam district. Lakeshore Hospital & Research Centre, now known as VPS Lakeshore Hospital & Research Centre, doctors Philip Augustine, S. Mahesh, George Jacob Eraly, Sai Sudarshan, Thomas Thatchil, Murali Krishnan Menon and Sujith Vasudevan and Dr. Sajeev. S of Mar Baselios Hospital, Kothamangalam are the respondents.
When Abin was declared brain dead, the hospital authorities asked Abin’s relatives to donate his major internal organs. His mother accepted the request in good faith under the noble impression that it was going to save the life of some others. But, the organs were reportedly transplanted to a foreigner, a Malaysian. It is reported that afterwards, Dr. Ganapathy heard about this. He found fault with the hospital authorities and the doctors.
He suspected a conspiracy to deny necessary treatment to Abin and undue haste in declaring his brain death. It is reported that the doctor who declared Abin brain dead were not authorised to perform it; and, ‘apnea’ test was not carried out to confirm the brain death. And, evacuation of blood from the cranial cavity was not carried out; it was a serious lapse. The complainant alleged the violation of the Transplantation of Human Organs (TOHO) Act.
He filed a complaint before the authorities concerned which failed to act properly. He moved the court in 2020 in this respect. Complainant added that there are no documental evidences of giving treatment to Abin, in both hospitals, to melt the blood clot. Court reportedly found that procedures followed for organ donation to a foreigner was not proper.
The complaint also states that the hospital transplanted his organs to a foreign national in violation of the law. In case of a deceased donor, rules state that the sequence of allocation of organs shall be in the following order: state list, regional list, national list, person of Indian origin, foreigner.
The complainant Dr. Ganapathy has been closely watching organ transplantation in Kerala. In 2015, he had moved a PIL in the Kerala High Court pointing out the alleged “malpractice in declaring a patient to be brain dead… only with the intention to facilitate harvesting of organs for transplantation.’’ Ganapathy (75), said that he heard about Abin’s brain death declaration after filing the PIL in 2015.
Dr. Ganapathy says that since he filed the PIL in 2015, the number of brain deaths in Kerala has decreased. In 2012, the number was 9. In 2015, it was 76. But, is has come down to 9 in 2022. He says, if he had not intervened like this, it would have been 140 per year. He is proud, he could avoid more than 600 brain deaths till date.
After studying the records, court consulted police surgeons and neurologist and reportedly found that the cranial cavity had an enormous accumulation of blood when Abin was hospitalised. But, the evacuation procedure was not followed. And, HIV test was conducted, even though neuro surgery was not on agenda. And, doctors for organ transplantation visited him before he was declared brain dead. Liver function was tested too.
The court reportedly said, there is prima facie case and sufficient grounds to invoke the TOHO Act against the hospital and doctors. Court also ascertained that TOHO Act was not followed. Abin’s liver was allegedly transplanted to a Malaysian citizen, but, the sanction was not obtained from Internal Authorisation Committee. The Malaysian Embassy Certificate shows wife of the recipient as the donor whereas Abin was the actual donor. During the removal of the organs, thoracic chamber was opened (sternotomy) and the heart seen mutilated. The court has ordered to issue summons to the accused as part of the enquiry.
The court is reported to have examined the statements of two government doctors, forensic surgeon P.S. Sanjay and Thomas Iype, head of the neurology department at Government Medical College, Thiruvananthapuram. Dr. Sanjay had conducted the autopsy of Abin. He raised the suspicion over non-evacuation of blood in the cranial cavity. The court said that Dr. Iype opined, evacuation of blood could have saved Abin’s life.
Meanwhile, VPS Lakeshore Hospital has come out to explain their version: What court has ordered is an investigation to verify the genuineness of the complaint of a private individual concerning brain death. S.K. Abdulla, the managing director of the hospital, assured to cooperate with the investigation. There is no lapse on the part of the institution. They would do the needful to convince the court of hospital’s innocence.
Now, Abin’s mother Omana demands detailed enquiry into the incident. She has been living with a heavy heart since the last several years. She prays, such a plight should not happen to any other mother. She says, doctors are the emissaries of God, but, still ……
Omana says, she does not know if her son was administered any medicine. She could see a bandage around his head. She kissed him and left. He died afterwards. She was told that her son would not survive. She was told that 3 or 4 people admitted in the hospital were in need of organs. She thought, it was a noble idea. She signed the papers the hospital authorities showed. She does not now if her son got any treatment. She did not know that organ donation needed government permission.
Even though Omana lost her son, the Kochi incident has served as an eye opener in the state. People believe that court intervention will bring a new dawn in this ticklish issue.
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