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Bombay high court slams Centre for playing ‘blame game’ over supply of faulty ventilators – India Today

The Aurangabad bench of the Bombay high court on Friday lashed out at the Centre for stating that doctors and paramedics are not properly trained to handle ventilators. The bench stated that the Union health ministry was more concerned in defending the manufacturer of the defective ventilators and not the lives of patients.

The issue concerning faulty ventilators purchased through PM Cares Fund was heard by the bench. Assistant solicitor general Ajay Talhar submitted to the court that the 150 ventilators were never supplied through the PM Cares Fund.

He placed reliance upon the affidavit submitted by the under-secretary of the Ministry of Health and Family Welfare (MoHFW) to argue that the ventilators were manufactured by Jyoti CNC Automation Limited, Rajkot and were tested by applying world class testing parameters.

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“There was no material before the MoHFW to conclude that the ventilators are not working satisfactorily. All the 113 ventilators are showing operating status as OK,” he submitted. On the contrary, he claimed, the doctor and paramedics at Government Medical College and Hospital (GMCH), Aurangabad are not properly trained to operate such ventilators.

He added that the machines were manufactured following the due procedure prescribed by the Dean of GMCH and now he was merely doubting the machine without any material to fault the ventilators.

A bench of Justices RV Ghuge and BU Debadwar refused to accept the Centre’s defence that ventilators were in working condition and that the doctor and paramedics at (GMCH) were not properly trained to operate the same.

They went on to note that Talhar was addressing the court as if he was holding the brief of the manufacturer.

“The (central government’s) affidavit before us has a semblance of the affiant virtually defending the manufacturer and declaring that the ventilators are in operating condition. The ASGI has addressed us as if he is holding the brief for the Manufacturer,” the court expressed.

The court further remarked that the government ought to refrain from playing a “blame game”.

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“The ministry should have instead shown sensitivity towards the patients, it being the paramount object of the welfare state to take care of the health of its citizens,” the bench added.

The bench had on Tuesday directed the Centre to reveal what measures it would take on the issue of faulty ventilators when it was informed that out of 150 ventilators received from PM Cares Fund, 113 ventilators which were unboxed and put to use at government or private hospitals were found to be defective.

“We would also appreciate if the MoHFW refrains from questioning the reports of the medical experts and instead respects such reports in the larger interest of the society and concentrates on rectifying the said machines.” the Court said.

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Jyoti CNC contended in their affidavit that due to inadequate infrastructure at GMCH, and not following the user manual properly, the ventilators were not functioning properly. Further, they argued that 300 ventilators which they submitted in other states of the country and other regions in Maharashtra were functioning properly.

Jyoti also stated that despite alleging faulty ventilators, GMCH had not raised any grievances by lodging formal complaints. ASG submitted that MoHFW would take all remedial steps to ensure that ventilators operate normally and all defects would be removed.

The court also directed MoHFW to apprise whether Jyoti CNC and the agency which delivered the machines to the Government Medical College at Aurangabad, had ever inquired as to whether the GMCH had the infrastructure to operate the said machines and whether any specific training was imparted to the technicians, who were supposed to operate them.

Source: https://www.indiatoday.in/coronavirus-outbreak/story/bombay-high-court-slams-centre-blame-game-over-supply-of-faulty-ventilators-1808260-2021-05-29