Teenage egg donor’s death -Chargesheet filed against surrogacy specialist Dr Gautam Allahbadia


Dr.Gautam Allahbadia an IVF Fertility specialist is leading Infertility specialist in India running fertility centre named Rotunda – The Center For Human Reproduction. , pic courtesy http://community.medicaltourism.com/

Dr.Gautam Allahbadia an IVF Fertility specialist is leading Infertility specialist in India running fertility centre named Rotunda – The Center For Human Reproduction. , pic courtesy http://community.medicaltourism.com/


The Saki Naka police, probing the death of a 17-year-old egg donor, last week filed a chargesheet indicting the Bandrabased surrogacy specialist, Dr Gautam Allahbadia, and five others for negligence and kidnapping. The victim, Sushma Pande, died in 2010 allegedly due to complications arising from donating eggs at Allahbadia’s Rotunda Fertility Clinic.Investigating the complaint filed by the victim’s mother, Pramila Pande (pictured), the police said that Sushma donated eggs at Allahbadia’s clinic on at least three occasions in 2009 and 2010. As per the law, only women aged above 18 years can donate eggs.The state Medical Council, which issued a notice to Allahbadia oneand-a-half years ago, has said that it didn’t have the jurisdiction to suspend the doctor’s licence at this stage. The council president, Dr Kishore Taori, said: “Unlike the cases of Pre-conception and Pre-natal Diagnostic Techniques (PCPNDT) Act, we cannot suspend the doctor’s license based on a chargesheet. We will have to wait till conviction.”

The victim’s mother said that she was now confident that justice will be delivered. “It’s been four-and-a-half years since my daughter died and it is only now that I feel that something will move ahead in the case,” Pramila, 42, who resides in Mishra Chawl in Saki Naka, said. “I will chase the case till I get justice,” she said. Sushma worked at a scrap depot near her house, and went missing on August 7, 2010.

An ailing Sushma was found by her employer, Sunil Chaumal, on August 9, and she died the next day. Chaumal was arrested on the charges of poisoning her, but the high court discharged him in March 2012 and pulled up the police for not looking into the role of egg donation in her death.

Investigation revealed that Sushma was admitted to Allahbadia’s Rotunda Clinic on August 7, 2010, and on two occasions (October 22, 2009 and February 15, 2010). According to the chargesheet, a conclusive postmortem report said that Sushma’s death was caused “due to multiple injuries associated with shock”. The JJ Hospital’s expert committee said in its report that Sushma went into a shock due to excess hormones that were administered before egg donation.Allahbadia has submitted three ‘egg donor consent forms’ signed by Sushma to the police and to the Medical Council, which also state the risks of the procedure such as overstimulation of the ovaries, injury to the blood vessels or other internal parts, bruising from injections, etc. Sushma, who had studied till class 6, could not read the form. Also, she was signed at the clinic by the name Sushma Pramod Dube instead of Sushma Anilkumar Pande, and there was no mechanism in place to check if she was underage.

Allahbadia told the police that Sushma has given her PAN Card as proof to show that she was above 18 years of age. “A letter from Income Tax office revealed that there was no PAN Card in the name of Pramod Dube or Sushma Anilkumar Pande. Allahbadia has lied,” the chargesheet said.

Bandra doc charged for negligence, kidnapping

How doctors shield doctors ?

 ‘No negligence on part of fertility clinic’

Last year , A committee of doctors from state-run JJ Hospital has concluded that there was no negligence on the part of ‘Rotunda: The Centre for Human Reproduction’ in a case pertaining to the death of 17-year-old Sushma Pandey, an egg donor. Sushma died on August 10, 2010, two days after she donated eggs at the hospital.The opinion of the JJ Hospital committee was sought after the Bombay High Court discharged Sushma’s employer Sunil Chaumal and asked the police to probe the role of the hospital in which she had donated eggs thrice “in flagrant violation of the requirement that such a donor has to be between the ages of 18 years and 35 years.”The committee’s clean chit to Rotunda, informed to the court by the police Tuesday, brings relief to Dr Gautam Allahbadia, medical director of the centre. Allahbadia is also a member of the drafting committee of the Assisted Reproductive Technologies (Regulation) Bill, 2010, that is yet to be tabled in Parliament. 

While hearing the application for discharge filed by Sanaullah Mustakin, the man who allegedly accompanied Sushma to the Rotunda Centre two days before she died, Justice Revati Mohite Dere said, “It appears that no action will be taken against the doctors.” She, however, observed that the case was unfortunate and said, “This is something where not just one person is involved. The report (from JJ Hospital) does not stop them (police) from investigating who else is involved.”

In its report of December 9, 2013, the committee — comprising Dr G D Niturkar and Dr G S Chavan from the Department of Forensic Medicine and Dr Tushar Palve from the Department of Obstetrics and Gynaecology — stated that Sushma had died as a result of “brain hemorrhage and pulmonary hemorrhages due to ovarian hyper-stimulation shock syndrome.”

The report added, “Ovarian hyper-stimulation shock syndrome is a known remote complication of the process of egg donation. The same has been duly informed to the patient by written, witnessed informed consent.” It also said that Sushma, her relatives or friends had not turned to the Rotunda Centre on August 9, 2010 or August 10, 2010 when she complained of abdominal pain and vomiting and had hence, “failed to submit Ms Sushma to competent medical care”. “There is no evidence suggestive of medical negligence on part of the doctors of Rotunda Hospital,” it said.

It, however, deepens the mystery behind the circumstances that led to the egg donor’s death. Sushma’s mother Pramila Pandey, in October 2013, filed a complaint before the Maharashtra Medical Council demanding the termination of Allahbadia’s practice alleging medical negligence.

Denying allegations that Sushma was underage, the centre had said when she first approached them in February 2009, she submitted a PAN card which stated her name as “Sushma Pramod Dube” and mentioned her age as 19. The police’s probe with the Income Tax Department revealed that there was no PAN card in the name of “Sushma Pramod Dube” with a Saki Naka address, where she resided.

http://archive.indianexpress.com/news/teenage-egg-donors-death-no-negligence-on-part-of-fertility-clinic/1216617/0

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