[COVID-19] Shortage of injections for Black Fungus, high cost of treatment to be seriously considered by State: Gujarat High Court

The Gujarat High Court on Monday asked the State government about its preparedness to combat Mucormycosis or the black fungus disease afflicting COVID-19 and other patients..In this regard, a Bench of Justices Bela Trivedi and Bhargav D Trivedi observed shortage of injections being administered for the said disease and the cost of its treatment are issues that demand immediate attention of the State government. "The Court has also taken serious note of the new challenge being faced by the State with regard to the rapid increase in the cases of flesh-eating Black Fungal infection called ‘Mucormycosis’. The shortage of injections being administered for the said disease and the cost of its treatment are also the issues which deserve to be seriously and immediately considered by the State," the order said..The Court made this observation after it was informed that in the last ten days, the fungal disease was spreading very fast in patients recovering from COVID-19..This apart, the Court directed the State to respond on the following issues: (a) How far are the Primary Health Centers (PHCs) and the Community Health Centers (CHCs) which constitute the backbone of the State’s rural health infrastructure are equipped with the facilities to treat the COVID-19 patients?(b) What is the mechanism for providing the RT-PCR test kits, necessary medicines, Remdesivir Injection, Oxygen supply, etc., to such PHCs and CHCs and other healthcare centers in the Districts and the Talukas?(c) Whether doctors and trained nursing staff are available to carry out RT-PCR tests, administer Remdesivir injections and oxygen etc? If the answer is negative, what is the course of action planned in that regard? (d) How many dedicated COVID-19 hospitals, dedicated COVID-19 Health Centers and COVID Care Centers have been set up at the District and Taluka level? The details of each District and Taluka be specifically provided. (e) How many persons have been fully vaccinated and how many have been partially vaccinated in each of the categories i.e. above 60 years, between 45 -60 years and between 18-44 years? What is the estimated requirement of the vaccines for vaccinating all categories of people fully and what is the roadmap for achieving the said estimate? (f) Whether any special provision has been made for vaccinating the inmates of and the staff members working at the special homes like old age homes, mental/lunatic asylums, Nari Samrakshan Gruh, juvenile homes, remand homes, correction homes, orphanages, etc.? (h) The policy, if any, framed with regard to the procurement and the distribution of the injections and the medicines used for the treatment of the Mucormycosis patients in the private hospitals?.Further, the Division Bench also directed the Central government to place on record the allocation of Remdesivir injections to the States and the plan for procurement of the drug to meet the projected demands of the states.The Union was also directed to inform the Court on its vaccination policy..Though the Court recorded its appreciation for the State government in terms of the steps taken to contain the virus, it pointed out that the pandemic is still quite prevalent in urban and semi-urban areas of the State."It appears that the State Government has put in good amount of efforts to carry out the directions issued by the Court from time to time to improve the health care facilities so far as the COVID-19 Pandemic prevalent in Urban and Semi-Urban areas are concerned. However it seems that the second wave of the COVID-19 Pandemic is spreading fast in the rural areas because of lack of availability of RT-PCR facilities and other infrastructural facilities, leading to the delay in detection of the COVID-19 cases and the delay in giving treatment to such patients," the order said..These directions were passed by the Court after hearing the suo motu PIL on issues concerning the COVID-19 pandemic situation in the State.During the hearing, Senior Advocate Percy Kavina submitted that though the government has increased RT-PCR test machines and laboratories, the average per day testing has decreased. In rural areas, there aren't enough facilities available, he added.As regards the issue of Remdesivir injections, it was submitted that the government had given a reply in its affidavit without furnishing any concrete data. On the issue of vaccination, he proceeded to submit that out of the total population of about 7 crore in Gujarat, only 1.25 crore people are vaccinated. If reliance is placed by the State only on the Central government, it will take long time for people of Gujarat to be vaccinated, argued Kavina. .Senior Advocate Mihir Thakore submitted that there is no transparency on the online portal regarding the RT-PCR test results and distribution of Remdesivir injections.Appearing for the State government, Advocate General Kamal Trivedi along with government pleader Manisha L Shah submitted that the State has made all efforts to comply with all the directions given by the Court. It has considered the suggestions made by the other side, working day and night in this unprecedented time, they added.Rebutting the contention that the State is at liberty to procure Remdesivir injections on its own, AG Trivedi submitted that the allocation is done only by the Central government and that too on a pro rata basis.It was also submitted that the State is dependent on the Central government for the availability of medical oxygen. However, it is managing to procure oxygen in liquid form or gaseous form from the PSA/ASU plants in the State..The matter will be next heard on May 26..[Read Order].Follow Bar and Bench channel on WhatsAppDownload the Bar and Bench Mobile app for instant access to the latest legal news.