Date of filing : 02.07.2009 IN THE TAMIL NADU STATE CONSUMER DISPUTES REDRESSAL COMMISSION, CHENNAI Present: Hon’ble Thiru Justice R.SUBBIAH ... PRESIDENT Thiru.R.VENKATESAPERUMAL … MEMBER C.C. No.32 of 2009 Orders pronounced on: 26.10.2022 O.R.Mathivanan, 21, Nehru Street, Olapalayam, Modakurichi, Erode-638 104. … Complainant vs.

1.Dr.Dhanabagyam, M.D. DGO, Sudha Hi-Tech IVF & Endoscopy Centre (Sudha Women & Fertility Hospital), 181, Perundurai Road, Erode 638 011.

2. Dr.N.Padmanaban, M.D, DM, KMCH Speciality Hospital, 15, Palaniappa Street, Erode 638 009. ... Opp. Parties.

For Complainant : M/s.V.Balaji For OP No.1 : M/s.AAV Partners For OP No.2 : M/s. Iyar & Thomas This Complaint came up for final hearing on 13.07.2022 and, after hearing the arguments of the counsels and perusing the materials on record and having stood over for consideration till this day, this Commission passes the following:- O R D E R R.Subbiah, J. – President.

The complainant herein seeks this Commission to direct the Opposite Parties to pay to him-

i) a sum of Rs.55,20,000/- towards the loss of income;

ii) Rs.10 Lakh as compensation for mental agony;

iii) Rs.3.5 Lakh as Medical Expenses; and iv) Rs.50,000/- towards costs of the complaint.

2. In brief, the case of the complainant is as follows:-

The complainant and his wife by name Sudha, after their marriage on 04.12.1997, for about 11 years, had no issues out of the wedlock. The 1st OP made wide publicity about the latest technique in child birth called In-vitro Fertilization & Embryo Transfer (in brief - IVF). The wife of the complainant was very much impressed with the 1st OP's advertisement and, on 27.05.2008, the couple met the 1st OP for consultation. After various tests, the 1st OP suggested the plan to do TESE ICSI, a medical technique to attain pregnancy, and directed the couple to come for the next visit on 17.06.2008, on which date, she performed Ovum Aspiration under General Anesthesia to the complainant's wife - Sudha. After the said procedure, the 1st OP informed that transfer of 5 embryos was done and she fixed the ovum aspiration date as 02.07.2008, fertilization date as 03.07.2008 and IVF-ER date as

04.07.2008.

While so, on 02.07.2008, that is, two days prior to

04.07.2008, the 1st OP performed IVF transfer, without even obtaining the informed consent. Further, she obtained signatures in a printed affidavit form on 28.06.2008 itself, which is an utter violation of the medical norms and hence, it is invalid in law. On 28.07.2008, the 1st OP told the complainant that his wife had conceived and that the date of delivery is 02.03.2009 since the last menstrual period was on 14.06.2008. Thereafter, the complainant and his wife visited the 1st OP on 5 different dates during August, 2008 and, at no point of time, she informed them that there were four fetuses in the uterus of his wife, except stating that the fetal growth was very good. For taking the First Trimester Scan, the 1st OP referred the complainant's wife to Mediscan on 04.09.2008. The scan report revealed that fetal reduction was done at Mediscan from quadruplets to twins, of which, one fetus/'C' was found with cervical length of 39 mm & gestational age of 10 weeks & 6 days while the other fetus/'D' was with cervical length of 42 mm & corresponding gestational age of 11 weeks and their growth was satisfactory. With the scan report, they met the 1st OP on 09.09.2008 without knowing the reduction of two fetuses and she directed the complainant's wife to undergo a minor procedure to stitch the uterus on 28.09.2008. Even at the time of performing the said procedure, she did not inform them about its necessity. Thereafter, periodical check-up was done by the said OP on 30.10.2008, 02.12.2008 and

14.12.2008.

On 13.01.2009, after examination, the 1st OP stated that there is no anomaly in the fetal growth, however, the Duty Doctor, who checked the complainant's wife found that a fetal heart beat was absent and hurriedly informed the same to the 1st OP