Directing the State Government to release 10,000 vials of Remdesivir vials to Nagpur district immediately, the Bombay High Court on Monday told the Centre that if Maharashtra accounted for 40 per cent of Covid-19 infections in the country, “then it is only right to say that 40 per cent of Remdesivir injections are allotted to this state”.
Holding that the allocation of Remdesivir vials “has to be need-based and not on any other factors that are not relevant," a Nagpur division bench of the Bombay High Court -- comprising Justices Sunil Shukre and SM Modak – observed that if Maharashtra accounted for 40 per cent of the cases, then the allocation of Remdesivir injections to the state should also be in the same percentage.
"If contribution towards COVID-19 cases is 40 per cent from Maharashtra, then it is only right to say that 40 per cent of Remdesivir injections are allotted to this state. The allocation has to be need-based and not on any other factors that are not relevant," Justice Shukre said.
The HC bench’s observations should be seen in the light of the fact that Remdesivir is listed for use by critical COVID-19 patients and the Centre’s decision to ban the export of the drug last week in view of the sudden surge in the pandemic case and consequent increase in demand for the medicine.
Pulling up the disproportional allocation of Remedesivir vials to various districts in the state, the HC bench noted that the available statistics showed some “arbitrariness” in the district-wise distribution of Remdesivir vials by the State and this is required to be stopped forthwith. Maintaining that it did not understand the logic behind allocating 5,000 vials of Remdesivir for 2,000-odd beds in Thane as against the allocation of just 3,000 vials for more than 8,000 COVID-19 beds in Nagpur, the HC bench observed: "There appears to be a disparity and some arbitrariness in the distribution of Remdesivir vials to Nagpur district. The vials are not being released in proportion to the requirement”.
Noting that while on April 13 and April 18, not a single vial of Remdesivir was allotted to Nagpur, on April 17 only 500 vials were allotted to the orange city, the HC bench said: "This has severely affected the administration of health care to COVID-19 patients in Nagpur. The possibility of mortality because of lack of Remdesivir cannot be ruled out. It is the solemn duty of the state government to save and preserve each precious life".
“The COVID-19 scenario in Nagpur has turned to its worst. So much so that there are no beds available, no life saving measures available, lack of oxygen and also the dearth of medical and para-medical staff. The spike in COVID-19 cases in Nagpur is steep and the situation was not so bad even in the first phase of the pandemic last year,” the HC bench noted.
Noting that the Remdesivir shortage in Nagpur needed to be resolved on a “war-footing”, the HC bench went on to direct the Maharashtra government to release 10,000 vials of Remdesivir by Monday night to Nagpur district.
Hearing a bunch of petitions on the use of Remdesivir, medical infrastructure and the lack of it for dealing with the pandemic, the HC bench directed the Centre and the State government to file their say by April 21 on what parameters were being followed to distribute and allocate Remdesivir to different States and districts.