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Center responsible if PMCares Fund ventilators cause fatalities: Bombay HC | India News


AURANGABAD: In a significant ruling, the Mumbai high court has said that it will be the Center’s responsibility if faulty ventilators supplied by a Gujarat-based company through the PMCares Fund result in the death of Covid-19 patients.
In its verdict on Wednesday, a division bench made up of Judge Ravindra Ghuge and Judge BU Debadwar said they would “not allow testing of ventilators that have undergone major repairs in treating patients, as this would cause a risk / danger to the health of patients “. and unfortunately, the use of this type of ventilator can cause death, which must be avoided. ”
Following a presentation from India’s Additional Attorney General Anil Singh that a team of medical experts from New Delhi, one each from Ram Manohar Lohiya Hospital and Safdarjung Hospital, would visit Aurangabad Government Medical College Hospital ( GMCH) today to inspect the defective fans, the court has released the matter for an additional hearing on June 7.
The matter concerns 150 fans provided to GMCH in April under the PM Care Fund that were supplied by Rajkot-based Jyoti CNC, of ​​which around 133 were found to be faulty or malfunctioning.
A GMCH committee had submitted a report on fans continually failing even after repairs and thus machines were not being used as a precautionary measure and Maharashtra congressional spokesperson Sachin Sawant raised the issue big time.
In their criminal PIL of suo moto filed at the Aurangabad bank, the judges said: “If the fans are found to be not working even after inspection / repair, the manufacturer would be liable and the Union of India will push for them to be replaced. said defective fans, bearing in mind that there is a one-year manufacturer’s warranty on each of these fans. ”
To this, Singh hastily added that no casualties would occur, as these ventilators will not be put into operation in treating patients until the team of doctors visiting GMCH Aurangabad and manufacturer representatives ensure that the ventilators are in compliance. desirable operating standards.
The chief prosecutor, DR Kale, informed the court that since it would be extremely risky to use these faulty fans, GMCH Aurangabad and Ambejogai (Beed) would not use them until they were fully convinced that the machines were working perfectly and could deliver the desired results. while treating patients.
CPP Kale made it clear that GMCH does not “want to be blamed for a casualty, if it occurs from the use of such fans” and since GMCH does not have a service center in Aurangabad or Beed, the manufacturer (Jyoti CNC, Rajkot) must take them to their own repair centers.
Judge Ghuge and Judge Debadwar said they expected the Center to stand firm with the manufacturer over the supply of defective fans and, if necessary, the court would order their return.
“In such a situation, it would be the responsibility of the Union of India to ensure that defective fans are replaced with new functional fans. Manufacturing defects require replacement under the warranty scheme,” the court said.
After Congress and Sawant raised the issue in April, on May 15, Prime Minister Narendra Modi had ordered an audit of the installation and operation of all fans supplied nationwide through the PMCF.
Of the 150 fans supplied by Jyoti CNC, Rajkot, to Maharashtra under the PMCF, 58 were installed but all are unused despite repairs, the company installed another 37, while the rest 55 were distributed to hospitals in Beed, Parbhani , Osmanabad and Hingoli, according to last month’s GMCH Report.

Times of India