MADURAI: The state government recently told the Madurai Bench of the Madras High Court that it is ready to pay Rs 20 lakh ex-gratia each to a woman and her minor son, both of whom contracted HIV after she was transfused with contaminated blood when admitted for delivery at Mahatma Gandhi Memorial Government Hospital in Tiruchy in 2022.
The statement was made before Justice C Saravanan when he was hearing a petition filed by the woman last year, seeking the above relief. Recording the statement, the judge disposed of the petition by directing the government to pay Rs 20 lakh within two weeks and invest the child’s Rs 20 lakh in an interest-bearing Fixed Deposit in any of the nationalised banks or post offices till the child attains majority.
The hospital dean had stated in his counter affidavit that when the blood was received from the donors, the hospital had duly followed the protocols stipulated by the National Blood Transfusion Council and TANSACS in respect of screening blood and blood products. Since the donor was in the window period, he was found negative at the time of screening. There was no scientific method or system to identify window period infections. Hence, when the blood was transfused to the petitioner, neither the donor nor the hospital had known about the donor’s HIV infection, the dean had claimed, adding that there was no ill intention on their part.
The court had then passed an interim order directing the government to pay an ad hoc ex-gratia amount of Rs 2.5 lakh to the petitioner, and the same was paid on August 28. Since the government came forward to pay the remaining amount as well, the judge disposed of the petition with the above directions.