COVID-It Is A Pity That People Are Dying Due to Lack of Oxygen, There Is No Reason Why Govt. Cannot Invest To Set Up PSA Oxygen Plants In Each Districts: HC Pulls up MP Govt.

Reiterating the earlier directions issued to the State Government for ensuring regular continuous supply of oxygen to all, the Madhya Pradesh High Court on Friday asked the State to "re-look its distribution policy" for Remdesivir injections with all the stakeholders in order to make it available to common man at a reasonable price, and not just to patients on oxygen support. "Whether or not a particular Covid-19 patient is required to be administered Remdesivir as medicine, should be left to the discretion of the treating doctors and ought not to be decided by the executive fiat. We see no justification on the insistence of providing Remdesivir to only such patients who are on oxygen support, particularly when oxygen, as a commodity, itself has become so scarce. There appears to be no logic behind this policy." observed a division bench comprising of Chief Justice Mohammad Rafiq and Justice Atul Sreedharan. On Availability of Remdesivir and Issue of Black Marketing During the course of hearing, Naman Nagrath, amicus curiae in the matter apprised the Court about the issue of availability of Remdesivir medicine due to black marketing and exorbitant price at which it is being sold in the State. Observing that the State Government has taken no steps in order to curb such malpractice, the Bench noted thus: "Most of the private hospitals are requiring the Covid-19 patients to obtain this medicine on their own. The patients requiring admission are being made to shuttle from one hospital to another in view of ambiguity regarding availability of beds. The State Government has to pay urgent attention to strengthen the healthcare facilities in the rural areas, so that citizens do not suffer adverse consequence. Despite direction by this Court for not charging more than the rates prescribed for treatment, the private hospitals are taking exorbitant charges." Furthermore, the Court also observed that it should be for the treating doctor to decide which patient has to be administered the Remdesivir injection and once prescribed, it is the duty of the State to ensure that it becomes available at the earliest. It is pertinent to note that the Court had directed the State to ensure that patients or attendants are not exploited by exorbitant prices and that it would regulate and ensure continuous supply of Remdesivir, not only to the Government Hospitals but also to the Private Hospitals/Nursing Homes. The Advocate General appearing for the State apprised the Court that an interim allocation of Remdesivir for 10 days from 21st to 30th April has been ensured with supplies from seven domestic manufacturers. Moreover, it was submitted that the State has been allocated 95000 vials of Remdesivir for consumption before 30.04.2021, out of which, only 45,000 vials were retained for utilization in the Government Hospitals and allotted 50,000 to be supplied to the private hospitals but with a condition that they shall ensure equitable sale/ availability of drug for treatment of admitted Covid-19 patients in private hospitals based on the number of Covid-19 inpatients admitted in Covid ICU/HDU/Oxygen supported beds. It was further submitted by Additional Chief Secretary of State Directorate of Health Services that while only 5 to 6% of covid patients in Government Hospitals were being prescribed the said injection, the same was being advised by private hospitals indiscriminately thereby increasing the demand. Finding no logic behind the policy of the State on providing Remdesivir to only patients with oxygen support, the Court was of the view thus: "..we find that there is tremendous amount of dissatisfaction not only amongst the Private Hospitals and Nursing Homes with regard to justness of policy of distribution of this drug but also there is lot of hue and cry amongst the patients and their attendants/family members with regard to the policy of distribution of Remdesivir injections. Resultantly black-marketeers are flourishing. This sometimes results into very chaotic conditions in such hospitals giving rise to law and order situation. We do not want to go into the details of all these issues but considering serious question marks put on the efficacy of the policy adopted in this behalf, the State Government ought to have re-look at its distribution policy so as to rationalize the same in consultation with all the stakeholders, in such a way that the medicine becomes available to common man at reasonable price." On Dearth of Oxygen Supply During the course of hearing, the Court was apprised by the amicus curiae that despite exhaustive directions of the Court to ensure continuous oxygen supply, there were about 60 deaths in the State due to the lack of oxygen owing to the failure of the State. The Court was further informed that out of 8 Pressure Swing Adsorption (PSA) Oxygen Plants approved by the Central Government under PM Cares Fund to the State, only five Plants have been installed and they too are also...

COVID-It Is A Pity That People Are Dying Due to Lack of Oxygen, There Is No Reason Why Govt. Cannot Invest To Set Up PSA Oxygen Plants In Each Districts: HC Pulls up MP Govt.

Nupur Thapliyal

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