Reserve On : 06.01.2026 Pronounced On : 19.01.2026 IN THE NATIO NAL CO NSUM ER DISPUTES REDRESSAL C O M M ISSIO N AT NEW DELHI C O N SU M ER C O M PLA IN T N o.590 of 2014 With IA No.4311/2017, IA No.8375/2018 & IA No.16096/2018 (C/delay, C/delay in filing reply, C/delay)

l.Jami Visweswara Rao S/o J. Venkata RaoBA

2. Jami Deepesh S/o Jami Visweswara Rao Minor represented by the Natural Guardian and Father Mr.Jami Visweswara Rao

3. Jami Sai Harshit S/o Jami Visweswara Rao Minor rep. by the Natural Guardian and Father Mr. Jami Visweswara Rao All r/o-

D.No. 9-5-37/1, High School Road, Jogavanipalem, Gajuwaka, Visakhapatnam, Andhra Pradesh - 530 026 ...Complainants Versus

1. Vijaya Medical Centre represented by Managing Director Zilla Parishad Junction, Visakhapatnam, Andhra Pradesh 2. Omega Hospitals Represented by its Managing Director, MLA Colony, Main Road No. 12, Banjara Hills, Hyderabad, Telangana State

3. MNJ Institute represented by its Managing Director MNJ Institute of Oncology and Regional Cancer Centre Red Hills, Hyderabad - 500 004, Telangana State 4. Johnson & Johnson Pharmaceuticals'

Research And Development LLC, Represented by its Authorized Representative, 920 Route 202, P.O. Box 300, Raritan, New Jersey, USA - 08869

5. M/s. National Insurance Company Limited Rep.by its Branch Manager, 5-4-187/3 & 4 Sohan Mansion, 2nd Floor, Above Bank of Baroda, M. G. Road, Secunderabad-500003, Telangana State ...Opposite Parties BEFO RE:

H O N 'B LE M R . JU STIC E A .P. S A H I, PR ESID EN T H O N 'B LE M R . B H A RA TK U M A R PA N D YA , M EM B ER For the Complainants : Mrs. K. Radha Rao, AdvocateBA For the Opposite Parties : Mr. Kuppili Muralidhar, Advocate for OP-1 OP-3 Ex-parte vide Order dated 18.07.2017 Mr. Paras Chaudhary, Advocate for OP-4 OP-5 Deleted vide Order dated 15.07.2019 NONE for others

O R D ER

This Complaint is about medical negligence alleged by the Complainants, the Complainant No.l being the husband of the deceased patient and the Complainant Nos.2 & 3 their sons. Late Mrs. N. Sunita, wife of the Complainant No.l was suffering from a diagnosis of breast cancer for which she had to undergo a treatment and the allegations of the Complainants are that her infection status was wrongly diagnosed by — 3 -

TSRQPONMLKJIHGFEDCBA the OP No.l as being HER-2 Positive whereas she was actually negative. On the basis of such an incorrect pathological report, the OP No.2 M/s Omega Hospital administered Chemotherapy and also injected Herceptin. According to the Complainants, the administration of this drug Herceptin led to further aggravation of her disease, as Herceptin ought not to have been the drug to be utilized for her treatment when the patient was actually HER - Negative.

It has been vehemently argued by the Ld. Counsel for the Complainant that this could have been avoided had the OP No.2 cross checked the status of the said test by carrying out a FISH Test. The main contention of the Ld. Counsel is that had this confirmatory FISH Test been carried out, the same would have saved the patient from receiving Herceptin.

However, the Complaint has been filed on the basis of two reports that were received by the Complainant later on, one from M/s Targos Molicular Pathology, a laboratory based in Germany that carried out the Imuno Histo Chemistry Test as well as the FISH Test and indicated that the IHC result of HER -2 was positive but the FISH Test for HER-2 was negative. This report was given long after on 5th of February, 2013 on the basis of the slide that was sent after the Biopsy in 2013. The Complainants have also relied on another report obtained from M/s Biognosys Diagnosis Technology Centre, where also the Imuno Histo Chemistry Report for HER -2 dated 08.01.2014 was shown negative.

The present Complaint with these allegations came to be filed on

19.12.2014 where in notices were issued based on the allegations that apart from, this, the Complainant also received treatment at OP No.3 Hospital with a drug manufactured by the O