Madras HC Directs Madras Government to provide compensation to woman who was given HIV-positive blood

A 23-year-old pregnant woman had tested positive for HIV, after she was transfused the blood of a donor, who had the virus. This happened at a government hospital in Sattur, Tamil Nadu in the year 2018. The donor was not aware of his HIV-+ status when he gave blood. Three employees of the government hospital in Sivakasi, which collected the blood, were placed under suspension for negligence.

The Madurai Bench of the HC comprising of Justices N. Kirubakaran and B. Pugalendh in January 2019 and in July 2019, the Court ordered payment of ₹25 lakh as compensation to the woman. As per her own statement before the Court, she was paid Rs. 10,00,000/- and the children were paid Rs. 7,50,000/- each. The court had also ordered the State Government to allocate additional funds to the woman for the construction of a house.

To avoid any kind of harassment by the neighbours, the Government was also directed to provide a separate water connection to the residence of the victim. The Court had also ordered that her husband be provided with proper psychiatric counselling by appropriate medical experts. The public prosecutor submitted that Siddha Medical Centre was providing treatment for AIDS patients by providing RNA therapy and that is available at Thambaram.

On 22nd December, 2020, a certificate was produced from the Doctor attached to the Government Hospital in Sattur stating that the victim was spending a sum of Rs. 250/- to Rs. 300/- per day for nutrition to boost up her immunity. In response to this, the Court directed the Govt. to provide her 7,500/- monthly.

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