The National Human Rights Commission (NHRC) on Saturday directed the Odisha Health and Family Welfare Secretary to pay compensation of Rs 10,000 each to 11 victims, who suffered side effects after being administered a drug by doctors of the Kandhamal District Headquarters Hospital.
Earlier, 24 victims were paid compensation in the same incident based on a petition filed by civil society organisation Human Rights Watch Secretary Sangita Swain before the NHRC.
The commission said it is clear from the report of the Odisha Government that before the administration of this drug to the patient at the hospital, not a single sensitivity test was done by the treating doctor and nursing staffs.
The plea taken by the State that such reaction may occur even in cases where the skin tests is conducted cannot be accepted in view of the fact that 37 patients in a single day were affected by the administration of this drug.
The NHRC further said, This is not conceivable that all the 39 patients would have been given injection at a time so that the patients who were given the injection initially, would have developed the reaction before the administration of this drug to the remaining patients and the doctors and the staff of the hospital must have noticed that the drug was causing reaction in the patients that even thereafter they continued to give this injection to other patients and that too without conducting the sensitivity test is a further act of negligence by the doctors and the staffs of the Kandhamal DHH.
The doctors and others were thus prima facie guilty of violation of the human rights of these patients, the human body and their right to life and health, the commission said.
Later, the Health and Family Welfare Department said the addresses of 11 victims could not be found for which they could not be paid compensation.
The NHRC directed the Health Secretary to ensure payment to the left out victims and submit a compliance report.