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Author Topic: India: High Court decides incompetent woman will donate kidney to her brother  (Read 3356 times)

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Offline Clark

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http://timesofindia.indiatimes.com/city/mumbai/HC-lets-woman-donate-kidney-to-her-brother/articleshow/11546779.cms

HC lets woman donate kidney to her brother
Rosy Sequeira

Removing hurdles in the way of an intra-family transplantation and bringing hope to a poor tribal family from Chhattisgarh, the Bombay High Court on Wednesday allowed a woman to donate a kidney to her brother.

The court held that in a normal case, the state authorization committee constituted under The Transplantation of Human Organs Act, 1994, would be required to ascertain if the donor and recipient were indeed related by blood. But given the facts and urgency of the present case, obtaining a no-objection certificate from the Chhattisgarh authorization committee would not be required, it added. The judges also noted that even the Chhattisgarh government had sanctioned Rs 2 lakh towards the transplant.

A division bench of Chief Justice Mohit Shah and Justice Roshan Dalvi was hearing a petition by a brother-sister duo from Bilaspur. Sonia Vayklip (33) had sought a direction to allow her to donate her kidney to her brother Deepak, whose kidneys had failed.

They moved court challenging the November 8, 2011, order of a Lilavati Hospital committee rejecting her as a donor. It had held that her IQ was below average and the court must appoint a guardian to decide for her. The court then directed the Maharashtra state authorization committee to decide the application. On January 4, 2012, the committee rejected her application saying she was "medically unfit" as she had a stone removed from the right kidney and, during interview, she was also found to be "mentally retarded". The Vayklips' advocates then sought to place the expert committee report before the high court.

Additional government pleader G W Mattos saidthere was no provision in the act for expert opinion. He also said they have to take an NOC from the authorization committee of Chhattisgarh as mandated by the act; in 2005, the Supreme Court had also held that permission from the state committee concerned was necessary. Vayklips' advocates R A Shaikh and Muqim Khan argued that under the act, the NOC of neither the Maharashtra nor the Chhattisgarh state authorization committee was required for cases where the donor and recipient were related by blood. Mattos countered that even in case of blood relatives, the panel's nod was required as it might otherwise encourage trafficking in human organs.

Nephrologist Dr Bharat V Shah, in-charge of the transplant team at Lilavati, filed an affidavit stating that there was 100% matching of tissue type of the donor and the recipient. "With this, the risk of rejection is likely to be negligible and the success of transplantation very high," he said.

The judges set aside the Lilavati communication and the authorization committee report, and directed doctors to proceed with the transplantation.
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Offline Clark

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Kidney stone, not low IQ, behind donation denial: Govt panel
« Reply #1 on: January 27, 2012, 12:00:40 PM »
http://www.dnaindia.com/mumbai/report_kidney-stent-not-low-iq-behind-donation-denial-govt-panel_1634007

Kidney stone, not low IQ, behind donation denial: Govt panel

The State Authorising Committee for Organ Transplant has ruled out the donation of a kidney by a mentally- challenged woman to her brother, saying the organ has a large stone.

Ajeet Vayklip, hailing from Chhattisgarh, was to receive a kidney from his sister Sonia. However, Lilavati Hospital declined to process their papers on the grounds that Sonia had a low IQ, following which the siblings approached the Bombay high court.
The HC then asked Lilavati Hospital to forward the papers to the authorising committee for scrutiny.

On Thursday, the committee informed the high court division bench of Chief Justice Mohit Shah and Justice Roshan Dalv, that according to the medical papers submitted by Sonia, she had a stent fitted in her right kidney. Moreover, the ultrasound report of August 2011 showed that she had a large kidney stone in her left kidney.

Assistant government pleader GW Mattos informed the court that since the donor’s (Sonia’s) kidneys were not fit, one of them could not be donated to her brother. Furthermore, Mattos brought up a supreme court judgment, which states that a donee has to obtain a No Objection Certificate from his or her parent state even if the organ donation is in another state. “Since they are from Chhattisgarh, they have to get an NOC from the authorising committee there,” said Mattos.

Mattos added that they could overlook technicalities when human life was at stake, but in this case, the donor herself would be at risk if the transplant was allowed. “We make exceptions on humanitarian grounds. But here it would be taking one life to save another,” he said.

According to the original petition, Lilavati Hospital refused to process the papers since Sonia’s IQ, gauged from a psychiatric and clinical psychology test, was less than the required 80%. There is no provision under the Transplantation of Human Organ Act, which says that a donor having a low IQ cannot donate an organ, contends the petition.

The petitioners have sought time to get an opinion from an independent doctor regarding whether Sonia’s one kidney can be donated.
Unrelated directed kidney donor in 2003, recipient and I both well.
620 time blood and platelet donor since 1976 and still giving!
Elected to the OPTN/UNOS Boards of Directors & Executive, Kidney Transplantation, and Ad Hoc Public Solicitation of Organ Donors Committees, 2005-2011
Proud grandpa!

 

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