Bengal saline death case: HC slams Govt for delay in suspending IV fluids, asks, Can you not use your own saline?

Kolkata: Criticising the state government for its delay in suspending the use of expired IV fluids following a woman patient’s death and despite receiving an order to halt production, the Calcutta High Court questioned the state why it took them over ten days to comply with the directive and whether the state has the required resources to produce its own saline.

The court was hearing a plea seeking an independent investigation into the death of one mother and the critical health condition of three others following the alleged administration of expired Ringer’s lactate solution at Midnapore Medical College and Hospital on January 8.

Medical Dialogues previously reported that a 21-year-old woman passed away after childbirth at MMCH. Consequently, her family raised serious concerns about the saline administered to her during treatment. This led to outrage and protests from the families of other patients. Moreover, four more patients also fell ill due to the administration of the expired saline. Those four patients were under treatment at the same hospital. Three of them were shifted to the State-run S.S.K.M. Medical College and Hospital in South Kolkata on Sunday night following a sharp deterioration in their medical conditions.

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While hearing the case, the division bench of Chief Justice T.S. Sivagnanam and Justice Hiranmay Bhattacharya expressed concern over the government's delayed response, pointing out that despite an order in December 2024 directing the halt of production, the state's health department failed to act promptly.

The court then directed the state to submit a report on the saline and the compensation provided to the patients. In response, the West Bengal government presented a laboratory report on Thursday, stating that the intravenous fluid was not defective. The report also mentioned that compensation had been given to the affected families and job opportunities had been provided to them.

When the court questioned the saline manufacturing company about the situation, the company stated that it had received a clean chit from a central laboratory after testing the state's supply. It further emphasized that its responsibility ended once the saline was delivered to the state, placing the responsibility of handling and administration on local authorities, Indian Express reports.

In response to this, Advocate General Kishore Dutta, on behalf of the state, submitted, “The state has also mentioned the same in the report. There was no problem with saline.”

Slamming the government for not taking proactive measures, the court noted, “It is somewhat worrying to know that despite the order approved in December 2024, which ordered him to stop production, the medical department has not shown proactive steps to suspend the use of the drug. It happened only on 14 January. We do not understand why it took more than ten days to accept orders to withdraw existing shares. All subsequent measures cannot bring back lost lives.”

Further, the court then asked the state, “Can you (state) not use your own saline? How much would it cost to build such an industry? Are there any pharmaceutical companies in the state?”

Responding to this question, Advocate General Kishore Dutta informed that he would enquire and then inform the court in this matter.

Dissatisfied with the state's response in the matter, the court said as reported by the Socio-Legal Corp, “We will order the Ministry of Health and Family Care to give a comprehensive report, including the list of patients to whom the drug has been given. The measures report must also be submitted by the Central Government. “Then the court will consider other instructions."

Chief Minister Mamata Banerjee announced the suspension of 12 doctors including the medical superintendent and vice-principal (MSVP) along with six postgraduate trainee doctors at Midnapore Medical College and Hospital in connection with the case. Even though the state announced the suspension of six junior doctors, seven received the notice.

The suspended doctors include the hospital's medical superintendent and vice-principal (MSVP), the RMO, the head of the department, one senior resident, and seven postgraduate trainee doctors.

The action was taken after a woman died and four others were critical after delivery of babies at the Midnapore Medical College and Hospital allegedly due to the administration of 'expired' intravenous fluid, prompting the health department to constitute a 13-member committee to investigate the matter.

While the committee's preliminary investigation report indicated that human error and side effects of other medicines led to the death of the woman, the post-mortem report of the deceased woman revealed multi-organ failure and septicemia as the primary reason behind her death.

The junior doctors have claimed that the PG trainees became the government's scapegoat despite these findings. They believe that the government after suspending the PG trainees tried to shift the focus from the adverse drug reactions and corruption within the healthcare system to the alleged negligence on the part of the doctors.

Also read- Saline Death Case: Suspended doctor moves Calcutta HC, Accuses CID of harassment