IMPORTANT POINT
Organ transplant - The complainant suffered these complications which are expected and are potential risks of transplant surgery. Kidney transplantation is a major surgical procedure that has risks both during and after the surgery and this cannot be advocated as deficiency in service. Organ transplantation is one of the most complex procedures in medicine.

ORDER

Meena Ramanathan, Lady Member—This is a complaint filed by the Complainants u/s. I7(1)(a)(i) of the Consumer Protection Act, 1986, praying to direct the opposite parties to reimburse Rs. 15,00,000/- along with interest at 15% p.a. till the date of realisation, to pay compensation of Rs.10,00,000/- and to pay costs of Rs.50,000/-.

2. The case of the complainants in brief is as follows:—

The complainant no.1 aged about 40 years was suffering from generalized weakness since one month and he visited the opposite party no.1 hospital on 22.10.2011 and the opposite party no.2 examined him and after necessary investigations, it was diagnosed that he was suffering from CIN, CKD (Chronic Kidney Disease) and ESRD (End Stage Renal Disease). On the same day the complainant admitted in opposite party no. 1 hospital and he was treated with Haemo Dialysis and after stabilization, he was discharged on 25.10.2011.

The complainant no.1 visited the opposite parties on 9.11.2011 for Renal Transplantation Fitness Evaluation and after necessary investigation, the Opp. Parties gave clearance for the surgery on 16.11.2011. On 28.11.2011 the complainant No.1 was admitted in opposite party no.1 hospital. The complainant’s wife Smt. K. Siva Lakshmi donated her kidney and the opposite party no.3 along with team of surgeons performed Renal Transplantation of the complainant on 1.12.2011 and he was discharged on 10.12.2011.

The complainant no.l developed 10\•Ver gastro intestinal tract complications followed by urinary infection and genitals infections and on undergoing culture and sensitivity test it was revealed that there was growth of Klebsiella Pneumonia. On 2.1.2012, opposite party no.3 reviewed the case of the complainant and diagnosed that he was suffering from UTI and also left Epidydino-Orthitis (Genital Infection) and on 5.1.2012 removed the DJ Stent. On 18.1.2012 the complainant developed acute renal failure for evaluation of renal transplant ed graft. Renal biopsy was performed and was treated with Methyl Prednisolone inj. and Tacrolimus and he was discharged on 26.1.2012. As the condition of the complainant no.1 was deteriorated, he was in opposite party No.1 hospital on 3.8.2012 and he was diagnosed to have hydronephrosis . On 29.8.2012 - Cystoscopy and on 14.9.2012 - Antigrade Nephrostogram and Antegrade DJ Stent were done. The complainant suffered with recurrent chronic ailments of urine infection and deteriorated health status of kidney.

The complainant No.1 took second opinion in KIMS Hospital and doctors of the said hospital confirmed that the kidneys are failed and require re-transplantation and also suggested to undergo Hemo Dialysis thrice in a week till the failed kidney is transplanted. The opposite parties grossly failed in managing chronic pyelonephritis, ultimately lead to uremia i.e. kidney failure, despite of borderline rejection of transplanted kidney. The complainants spent about Rs.12 lakhs for the treatment at NIMS and Rs.3 lakhs for the treatment at KIMS. The complainants submit that the action of opposite parties in not properly managing the complications of kidney transplantation, infection, lead to CKD Stage-5 which requires further transplantation and weekly thrice Heamo Dialysis till transplantation which not only amounts to negligence, deficiency in service and also amounts to unfair trade practice. Hence the complaint seeking reliefs as stated in para No.1.

3. Dr. K. Dilip Kumar, Executive Registrar I/C. of opposite party no. l filed Written Version and opposite parties 2 & 3 filed Adoption Memo adopting the written version of opposite party no. 1.

The opposite party no.1 admits that the complainant no.1 was admitted in their institute on 22.10.2011 with end stage renal disease initiated on maintenance of haemodialysis and he was explained about the need of transplantation. The complainant no.1’s wife was a voluntary kidney donor and both of them were explained about the consequences like rejection, infections, medica