Kochi | A city-based hospital, facing criminal proceedings for the offence of unauthorised removal of organs of an accident victim back in 2009, denied the allegations against it of wrongfully declaring the patient as brain dead and harvesting his organs in violation of the law.
A magisterial court in Ernakulam on May 29 decided to initiate criminal proceedings against Lakeshore Hospital, now known as VPS Lakeshore, and eight doctors, which included the neurosurgeons who examined the victim and the transplant team.
In the wake of the court order, VPS Lakeshore issued a statement denying that the doctors had back then wrongfully issued a brain death certificate for the victim who had suffered severe head injuries in the 2009 accident.
The victim, Abin V J, was involved in an accident on November 29, 2009 when his motorcycle crashed into an electric post and he sustained head injuries.
He was initially admitted in Mar Baselious Hospital at Kothamangalam near here and then later shifted to the Lakeshore Hospital in Ernakulam.
By December 1, 2009, he was declared brain dead at Lakeshore, his vital organs were harvested and the liver transplanted into a foreign national, according to the complaint by a Kollam-based doctor who came to know about the incident from news reports.
The complainant, Dr S Ganapathy, had alleged that the victim's relatives were made to believe he was brain dead and thus induced to donate his vital organs out of which the liver was transplanted into a foreign national in violation of the Transplantation of Human Organs Act, 1994.
Dr Ganapathy had also claimed that had evacuation of blood from the victim's cranial cavity been done at either of the two hospitals, his life could have been saved.
After going through the materials before it, the court said it was of the view that "there is a prima facie case and sufficient grounds for proceeding in respect of offences under the Transplantation of Human Organs Act, 1994, against all the accused." The court also issued summons to all the accused.
In its statement, the hospital said it would wholeheartedly cooperate with the investigation.
Regarding what transpired on the day of the accident, the hospital said, "The patient's condition was very critical when he arrived at Lakeshore Hospital. When admitted to the emergency department, he was already intubated and was unconscious with two dilated pupils.
"Continuous monitoring and diagnostic examinations, including CT scans, were conducted, which revealed a severe head injury. Following a thorough examination by a neurosurgeon, it was determined that the patient had suffered irreversible brain damage. Abin's relatives were informed of his grave condition and poor prognosis." Regarding the alleged violation of organ transplantation laws, the hospital said that in 2009 the only registered body in Kerala promoting cadaver organ donation was the Society for Organ Retrieval and Transplantation (SORT) and acted under their written advice to retrieve the organs of the victim after taking his mother's consent and following due procedure.
The hospital, in its statement, said it regrets the circulation of false information about Lakeshore in the media as the hospital has been providing exemplary emergency care services for over 20 years.
"As the investigation unfolds, VPS Lakeshore Hospital sincerely hopes the truth will prevail, dispelling any misconceptions surrounding this matter. The hospital reiterates its full cooperation and compliance with the ongoing investigation to ensure that all facts are revealed through a thorough and impartial examination," it said.
