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Joint Venture of SGD Pharma and Corning Incorporated for new glass tubing facility in India

Kedaara Capital Fund II LLP sells its 100% stake in Sunbeam Lightweighting Solutions Private Limited

SGD Pharma and Corning Incorporated entities have set up a joint venture in India for a new glass tubing facility to expand pharmaceutical manufacturing in Telangana, India. Combining SGD Pharma’s vial-converting expertise with Corning’s proprietary glass-coating technology, the collaboration will enhance vial quality, improve filling-line productivity, and speed the global delivery of injectable treatments. The joint venture will help drugmakers respond to increasingly complex capacity and quality issues while meeting global demand for critical medicines.

Reference could be made to the following link for the transaction: SGD Pharma x Corning News Release_080623.pdf (sgd-pharma.com). JSA advised SGD Pharma.

Our Transaction Team Comprised Partner – Rinku Ambekar, Principal Associate – Reshma Oak.

Our Competition Team Partner – Vaibhav Choukse and Ela Bali, Senior Associate – Aditi Khanna.

Tags Health Care, Joint Venture, JSA, Leading Law Firm, Leading Lawyers, Pharma

Tata Capital invests in Apex Kidney Care

JSA advised Tata Capital Health Care Fund II, (“TCHF II”) in its investment in Mumbai-based dialysis chain Apex Kidney Care (“AKC”). The transaction was a mix of primary and secondary investment.

TCHF II is a growth-oriented private equity fund focused on the healthcare and life sciences sector in India. TCHF II is sponsored by Tata Capital Ltd.

AKC with over 180 dialysis centres, will utilise the newly infused capital to expand its dialysis network to 300 centres pan-India in next 18-24 months, of which about 50-60 dialysis centres will be standalone centres.

Our Transaction Team Comprised Lead Partner – Lalit Kumar, Partner – Bharati Joshi, Principal Associate – Amandeep Singh Virk and Associate – Harshita Agarwal and Zarish Ali.

Our Employment Team Comprised Partner – Minu Dwivedi.

Our Tax Team Comprised Partner – Kumarmanglam Vijay and Surajkumar Shetty.

Tags Healthcare, Investment, JSA, Leading Law Firm, Leading Lawyers, Life Sciences, Medical

Lupin Limited Acquires Five Legacy Brands of Menarini Group

JSA advised and assisted Lupin Limited (“Lupin”) in the acquisition of five legacy brands in strategic therapy areas – Gastroenterology, Urology and Anti-infectives from Menarini, along with their associated trademark rights. The brands are Piclin(Picosulphate Sodium), Menoctyl (Otilonium Bromide), Sucramal O (Sucralfate + Oxetacaine), Pyridium (Phenazopyridine) and Distaclor (Cefaclor).

Lupin is an innovation-led transnational pharmaceutical company headquartered in Mumbai, India. It develops and commercializes a wide range of branded and generic formulations, biotechnology products, and APIs in over 100 markets in the U.S., India, South Africa, and across the Asia Pacific (APAC), Latin America (LATAM), Europe, and Middle East regions. It enjoys a leadership position in the cardiovascular, anti-diabetic, and respiratory segments and has a significant presence in the anti-infective, gastro-intestinal (GI), central nervous system (CNS), and women’s health areas. Lupin is the third-largest pharmaceutical company in the United States of America by prescriptions.

The Menarini Group is a leading international pharmaceutical and diagnostics company, with a turnover of over $4.4 billion and over 17,000 employees. Menarini is focused on therapeutic areas with high unmet needs with products for cardiology, oncology, pneumology, gastroenterology, infectious diseases, diabetology, inflammation, and analgesia. With 18 production sites and 9 R&D centres, Menarini’s products are available in 140 countries worldwide.

Our Transaction Team Comprised Lead Partner – Shivpriya Nanda, Partner – Zain Pandit and Gaurav G Arora, Associate – Twisha Shrivastava and Vibhu Choubey.

Tags Acquisition, JSA, Leading Law Firm, Leading Lawyers, Life Sciences, Medical, Pharma

IndiaRF acquires a majority stake in Ivy Health for INR 525 crore

JSA assisted India Resurgence Fund (IndiaRF) in the acquisition of a majority stake in Ivy Health and Life Sciences Private Limited (“Ivy Health”) for INR 525 crore.

IndiaRF is a leading India-focused investment fund, backed by Piramal Enterprises Limited and Bain Capital Credit.

Ivy Health operates a chain of NABH certified multi-speciality hospitals in several cities of Punjab namely at Mohali, Amritsar, Khanna, Hoshiarpur and Nawanshahr.

The deal marks IndiaRF’s maiden investment in the healthcare sector and the first of its kind in a regional hospital chain.

Our Transaction Team Comprised Lead Partner – Sidharrth Shankar, Partner – Prakriti Jaiswal, Principal Associate – Dhruv Malhotra and Senior Associate – Shivek Sharma.

Our Due Diligence Team Comprised Partner – Shraddha Krishnan Dash, Principal Associate – Arjun Krishnamoorthy, Associate – Abhilash Raghav, Jatin Oberoi, Jeevesh Jain and Kartikey Gupta.

Our Real Estate Team Comprised Partner – Bharat Bhushan Sharma and Senior Associate – Mohit Aggarwal.

Our Competition Law Team Comprised Partner – Vaibhav Choukse and Ela Bali and Associate – Faiz Siddiqui.

Our Banking and Finance Team Comprised Partner – Megha Saraf and Associate – Harshil Shubham.

Tags Acquisition, Healthcare, JSA, Leading Law Firm, Leading Lawyers, Life Sciences, Merger and Acquisition

JSA Newsletter | Healthcare | July – August 2023 Edition

Please click here to download the Newsletter as PDF.

This edition of the JSA Healthcare Newsletter focuses on key developments undertaken in the Indian healthcare ecosystem for the month of July and August 2023.

Regulatory updates

Exemption to medical devices from the E-Waste (Management) Rules, 2022

The Ministry of Environment, Forest and Climate Change vide the E-Waste (Management) Second Amendment Rules, 2023 exempts certain medical devices and monitoring and control instruments (including laboratory equipment) from application of Rule 16 (1) of the E-Waste (Management) Rules, 2022. Rule 16 (1) prescribes a threshold for use of hazardous substances in the manufacture of electrical and electronic equipment and their components or consumables or parts or spares, during production.

National Medical Commission puts Registered Medical Practitioner (Professional Conduct) Regulations, 2023 on hold

The National Medical Commission issued a notification on August 23, 2023 suspending the National Medical Commission Registered Medical Practitioner (Professional Conduct) Regulations, 2023 with immediate effect. Instead, the Indian Medical Council (Professional Conduct, Etiquette, and Ethics) Regulations, 2002 will be enforced. This decision is in accordance with the powers vested under the National Medical Commission Act, 2019.

Department-Related Parliamentary Standing Committee on Health and Family Welfare release its 146^th Committee Report

The Department-Related Parliamentary Standing Committee on Health and Family Welfare (“Committee”) prepared the 146^th report on the ‘Action Taken by the Government on the Recommendations/ Observations contained in the 138th Report on Medical Devices: Regulations and Control’ pertaining to the Department of Health & Family Welfare, Ministry of Health & Family Welfare. The said report was laid before the Lok Sabha on August 4, 2023. The 138^th report contained 49 (forty nine) recommendations of which 9 (nine) recommendations were accepted.

Avoidance of sale of certain over the counter (OTC) drugs

The Drugs Control Department, Government of New Delhi has issued an advisory on July 19, 2023 advising all retail chemists to not undertake any over the counter sale of drugs such as aspirin, ibuprofen and diclonofenac group of medicines owing to increase in dengue and chikungunya cases. Such drugs may only be sold with a prescription issued by a registered medical practitioner. Retail chemists have also been instructed to keep a register of recording the stock of pain killer drugs falling under the said category.

Approval of the National Research Foundation (NRF) Bill, 2023

The Ministry of Science and Technology has issued a press release dated June 28, 2023 with respect to grant of approval by the Union Government for the introduction of National Research Foundation (NRF) Bill, 2023 in the Parliament. This legislation will enable the establishment of the NRF, which aims to initiate, nurture, and advance research and development (R&D) activities, while fostering a culture of research and innovation across universities, colleges, research institutions, and R&D laboratories throughout India.

Issuance of test license for veterinary drugs

The Central Drugs Standard Control Organisation (“CDSCO”) has issued a circular dated July 19, 2023 indicating that all applications for issuance of Form 11 (test license) for veterinary drugs is now to be submitted online on the SUGAM portal (an e-governance initiative implemented by CDSCO) and that physical applications would no longer be accepted.

Pharmacists registered under Jammu and Kashmir Pharmacy Act, 2011, deemed to be registered under the Pharmacy Act, 1948

The Lok Sabha passed the Pharmacy (Amendment) Bill, 2023 (“Amendment”) on August 7, 2023 allowing persons qualified or registered under the Jammu and Kashmir Pharmacy Act, 2011, to be registered as pharmacists under the Pharmacy Act,1948. The Amendment proposes to remove the ambiguity with respect to the 2 (two) legislations. Upon enactment, persons whose name has been entered in the register of pharmacists maintained under the Jammu and Kashmir Act, 2011 will be deemed entered in the registry of pharmacists prepared and maintained under Chapter IV of the Pharmacy Act, 1948.

Interesting Reads

Request to reconsider the New Drugs, Medical Devices and Cosmetics Bill, 2022 by the Association of Indian Medical Device Industry

The Association of Indian Medical Device Industry (“AIMED”) has expressed its disapproval of the Centre’s intention to present the New Drugs, Medical Devices and Cosmetics Bill, 2022 in the upcoming monsoon session of Parliament. AIMED oppose the decision to introduce and pass the legislation without engaging in any consultations with significant stakeholders, as it aims to amend and consolidate the legislation concerning the import, production, distribution, and commercialization of drugs, cosmetics and medical devices.

Case laws

Suspension of doctor’s license

The Supreme Court in the case of Gostho Behari Das v Dipak Kumar Sanyal and Ors.[1] has held that a doctor’s license to practice cannot be suspended as penalty under the Contempt of Court Act, 1961. The court went on to observe that a medical practitioner guilty of contempt of Court may also be so for professional misconduct but the same would depend on the gravity/nature of the contemptuous conduct of the person in question. The court further held that they are, however, offences separate and distinct from each other. The former is regulated by the Contempt of Court Act, 1971 and the latter is under the jurisdiction of the National Medical Commission Act, 2019.

Prohibition of an individual registered with the Alternate Medical Council from utilizing the prefix ‘Doctor’.

The Calcutta High Court in the case of Dhirarastra Dutta v State of West Bengal and Ors.[2] has restrained an individual registered with the Alternate Medical Council, Kolkata from using the prefix ‘Doctor.’

Additionally, the court has directed the West Bengal Medical Council to launch an investigation into the matter concerning the unauthorized issuance of certificates for ‘registered medical practitioners.’ The court held that individuals cannot be certified as ‘registered medical practitioners’ outside the rules prescribed by the Indian Medical Council. A person who does not possess the requisite qualification in terms of the Indian Medical Council Act, 1956, and whose name does not appear in the register of medical practitioner as contemplated in the aforementioned act, is not entitled to use the prefix doctor, or ‘Dr.’.

Issuance of directive for compliance under Mental Healthcare Act 2017

The Kerala High Court in a recent ruling of XXX v State of Kerala[3] instructed the state police chief to take necessary measures in sensitizing all police officers regarding the relevant provisions outlined in the Mental Healthcare Act of 2017. The court took into account the suggestion put forth by the amicus curiae during the proceedings that competent authorities must ensure that police officers receive appropriate training under the said legislation.

The objective behind this directive is to ensure prompt, proper and effective compliance by the police force with the provisions, which would pave way for ameliorating the grievances of mentally ill persons.

This Newsletter has been prepared by:

Sidharrth Shankar
Partner

Ayisha Mansoor
Partner

Arjun Krishnamoorthy
Principal Associate

For more details, please contact [email protected]

[1]Civil Appeal No. 4725/2023 (SC)

[2] WPA(P)/21/2023 (Calcutta HC)

[3] Crl.MC No. 428 of 2023 (Kerala HC)

Tags Case Law Analysis, Drug Manufacturing, Health Care, JSA, Leading Law Firm, Leading Lawyers, Legal Updates

JSA Prism | Jan Vishwas Amendment Bill – Healthcare | August 2023

Please click here to download the Prism as PDF.

Decriminalisation of minor offences in legislations in the pharmaceutical sector

The Jan Vishwas (Amendment of Provisions) Bill, 2023 (the “Jan Vishwas Bill”) was passed by the Lok Sabha on July 27, 2023 and by the Rajya Sabha on August 2, 2023. The Jan Vishwas Bill was introduced with the aim of decriminalising and rationalising minor offences to further enhance trust-based governance for ease of living and doing business.

The Jan Vishwas Bill seeks to reduce compliance burden by proposing decriminalization of 183 (one hundred eighty three) provisions in 42 (forty two) central acts administered by 19 (nineteen) ministries/departments. The Jan Vishwas Bill has been designed to foster a balance between the severity of the offence and the gravity of the prescribed punishment. With this aim, the Jan Vishwas Bill proposes a pragmatic revision of fines and penalties commensurate to the offence. Further, the Jan Vishwas Bill also proposes establishment of adjudicating officers and appellate authorities, and a periodic increase in quantum of fines and penalties.

In the pharmaceutical sector, the Jan Vishwas Bill proposes revisions to the Drugs and Cosmetics Act, 1940 and the Pharmacy Act, 1948 which have been detailed below

Drugs and Cosmetics Act, 1940

Jan Vishwas Bill proposes to revise fines, decriminalise penalties and include compounding process under the Drugs and Cosmetics Act, 1940 (“D&C Act”). Some of the key provisions that would be amended under the Jan Vishwas Bill are detailed below:

Section	Existing Provision	Amendment
Section 27(d)	Under Section 27(d), any person convicted with the manufacture, sale, distribution, storage of drugs other than adulterated or spurious drugs, must be punishable with imprisonment of up to 2 (two) years and a fine of a minimum of INR 20,000 (Indian Rupees twenty thousand) or with both.	Penalty for manufacture, sale, etc., of drugs and cosmetics in contravention of the provisions of the D&C Act can be compounded by way of an amendment to Section 32(B) of the D&C Act.
Section 27A(ii)	Under Section 27A(ii), any person convicted with the manufacture, sale, distribution, storage of cosmetics other than adulterated or spurious cosmetics, must be punishable with imprisonment of up to 2 (two) year and a fine of a minimum of INR 20,000 (Indian Rupees twenty thousand) or with both.	Penalty for manufacture, sale, etc., of drugs and cosmetics in contravention of the provisions of the D&C Act can be compounded by way of an amendment to Section 32(B) of the D&C Act.
Section 29	Under Section 29, whoever uses Government Analyst’s report for the purpose of advertising any drug or cosmetic, must be punishable with fine, which may extend to INR 5,000 (Indian Rupees five thousand).	Penalty for use of Government Analyst’s report for advertising is enhanced to INR 1,00,000 (Indian Rupees one lakh)
Section 30(2)	Penalty for subsequent offence under Section 29 In case of continuing contravention under Section 29, the penalty as set out in Section 30(2) was imprisonment of up to 2 (two) years, or with fine of up to INR 10,000 (Indian Rupees ten thousand), or both.	The punishment of imprisonment is proposed to be removed for subsequent offence for using Government Analyst’s report for advertisement. A monetary penalty of INR 5,00,000 (Indian Rupees five lakh) can be imposed.

Pharmacy Act, 1948

Jan Vishwas Bill proposes to revise fines and decriminalise penalties under the Pharmacy Act, 1948 (“Pharmacy Act”). Some of the key provisions that would be amended under the Jan Vishwas Bill are detailed below:

Section	Existing Provision	Amendment
Section 18(2)	As per Section 18(2), the Central Council may, with the approval of the Central Government by notification in the Official Gazette make regulations consistent with purpose of the Pharmacy Act and such regulations must provide for specific procedures, powers and duties.	Insertion of new sub-sections (i) and (j) for framing of regulations for holding inquiry and penalty under Section 43Aand form and manner of preferring an appeal under Section 43A respectively. Section 43A is a new provision which has been inserted for adjudication of penalties.
Section 26A(3)	Under Section 26A (3), any person that obstructs an Inspector in the exercise of his powers, must be punishable with imprisonment of up to 6 (six) months or with fine up to INR 1,000 (Indian Rupees one thousand), or with both.	The punishment of imprisonment is proposed to be removed. The penalty for obstructing an inspector while exercising powers in line with the Pharmacy Act, enhanced to INR 100,000 (Indian Rupees one lakh).
Section 41(1)	Any person whose name is not entered in the register of pharmacists, falsely pretends that it has been entered, must be punishable with fine of up to INR 500 (Indian Rupees five Hundred) on first conviction, and on continuing contravention with imprisonment of up to 6 (six) months or with a fine of maximum INR 1,000 (Indian Rupees one thousand) or both.	The first conviction is punishable with maximum fine INR 1,00,000 (Indian Rupees one lakh) and subsequent contravention is punishable with imprisonment up to 3 (three) months or with maximum fine up to INR 2,00,000 (Indian Rupees two lakh) or with both imprisonment and fine.
Section 42(2)	Dispensing by unregistered person is punishable with maximum 6 (six) months imprisonment, or with fine up to INR 1,000 (Indian Rupees one thousand), or with both.	Dispensing by unregistered person is punishable with maximum 3 (three) months imprisonment, or with fine up to INR 200,000 (Indian Rupees two lakh), or with both fine and imprisonment
Section 43A		A new provision (Section 43A) has been inserted for adjudication of penalties under Section 26A. The President of the State Council is authorised as an adjudicating officer for holding inquiry and imposing penalties.

This Prism has been prepared by:

Sidharrth Shankar
Partner

Ayisha Mansoor
Partner

Arjun Krishnamoorthy
Principal Associate

For more details, please contact [email protected]

Tags Amendment Rules, Jan Vishwas, JSA, Leading Law Firm, Leading Lawyers, Legal Updates, Lok Sabha, Pharma, Pharmaceutical, Regulatory

JSA Newsletter | Healthcare | June 2023 Edition

Please click here to download the Prism as PDF.

This edition of the JSA Healthcare Newsletter focuses on key developments undertaken in the Indian healthcare ecosystem for the month of June.

Regulatory updates

Export Promotion Council for Medical Devices

The Directorate General of Foreign Trade, vide public notice No. 18/2023 dated June 23, 2023 (“Public Notice”) has amended Appendix 2T (List of Export Promotion Councils/ Commodity Boards/Export Development Authorities) of Appendices and Aayat Niryat Forms under the Foreign Trade Policy, 2023. With effect from June 23, 2023, the amendment authorizes the Export Promotion Council for Medical Devices to issue registration-cum-membership certificates for the medical devices indicated in the aforementioned public notice.

Distinction between pharmacy education and para-medical education

The Pharmacy Council of India has issued a notification dated June 19, 2023 clarifying that pharmacy education is different from para-medical education and that the two cannot be clubbed. Pharmacy education for the purpose of registration of pharmacists is regulated under the Pharmacy Act, 1938 and cannot be extended to para-medical personnel.

Introduction of Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Amendment Rules, 2023 requiring anti-tobacco warnings on streaming platforms

The Ministry of Health and Family Welfare (“MOHFW”) vide a notification dated May 31, 2023 unveiled the Cigarettes and other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Amendment Rules, 2023 (“Amendment”) mandating publishers of online curated content such as over-the-top streaming platforms (“OTT Platforms”) to prominently display warnings about smoking and tobacco use during shows featuring such scenes. The Amendment requires OTT Platforms to include ‘anti-tobacco health spots’ at the beginning and middle of programs, display static anti-tobacco health warnings at the bottom of the screen when showing tobacco products, and incorporate audio-visual disclaimers about the harmful effects of tobacco. Pursuant to the Amendment, OTT Platforms will have access to sample disclaimers made available on the National Control Tobacco Programme website (available at ntcp.mohfw.gov.in) or the MOHFW website (available at mohfw.gov.in).

While the move aims to address the high consumption of tobacco in India and prevent online platforms from becoming a channel for tobacco advertising, it imposes a heavy burden of compliance on OTT Platforms. OTT platforms will be required to make changes to large volumes of content available on their platforms, to incorporate the requisite health warnings and disclaimers.

Prohibition of the manufacture and sale of certain fixed dose combinations of drugs

The MOHFW has issued a notification dated June 2, 2023 prohibiting the manufacture, sale, and distribution for human use of certain fixed dose combinations (“FDCs”) of drugs. The decision was based on recommendations from an expert committee and the Drugs Technical Advisory Board. The expert committee concluded that there is no therapeutic justification for these FDCs and they may pose risks to human beings. Therefore, in the interest of public health, the government has invoked Section 26A of the Drugs and Cosmetics Act, 1940 to prohibit the manufacture, sale, and distribution of FDCs. The move aims to ensure the safety and well-being of the public by regulating the use of such drug combinations.

NPPA fixes ceiling and retail prices for scheduled formulations and new drugs

The National Pharmaceutical Pricing Authority (“NPPA”) issued various orders dated June 8, 2023 and June 28, 2023 fixing the ceiling prices for certain scheduled formulations and retail prices for certain new drugs. The ceiling prices were set to regulate the pricing of various essential medicines and address inter-brand price variations. The NPPA aims to reduce the financial burden on consumers and ensure accessibility to affordable medications. The orders also highlight the need to control price increases for non-scheduled formulations.

Submission of pharmacist details at Kendra level

The Pharmaceuticals and Medical Bureau of India has issued a circular on June 5, 2023 emphasizing the importance of submitting the details of pharmacists employed at Janaushadhi Kendras (dedicated outlets which are opened to provide generic medicines at affordable prices). These details include the pharmacist’s name, father’s name, registration number, and other relevant information. The use of ‘point of sale’ software is mandatory for all Janaushadhi Kendras as part of the Pradhan Mantri Bhartiya Janaushadhi Pariyojana, which aims to enhance supply chain solutions and IT services for effective governance and transparency.

Interesting reads

Policy on safe disposal of unused drugs

Industry bodies such as the Karnataka Drugs and Pharmaceutical Manufacturers Association and the Federation of Pharma Entrepreneurs have called on the Government of India to frame a policy for the safe disposal of unused drugs following reports of chaotic dumping of medicines from households, resulting in environmental pollution leading to anti-microbial drug resistance.

Prescription for nicotine replacement therapies

The Drugs Technical Advisory Board which is India’s premier technical advisory body on drugs has recommended that all formulations containing up to 2 (two) – 4 (four) mg of nicotine be sold only with a prescription, in a bid to ensure that nicotine replacement therapies such as nicotine patches, lozenges etc. are not misused.

Case laws

Petition against notification on prohibition of manufacture for sale or distribution of FDCs

The Delhi High Court in the case of Glenmark Pharmaceuticals and Ors. V. Union of India[1] has given the central government a 2 (two) week period to file a reply in response to a writ petition filed by a pharmaceutical company. The petition seeks the court’s intervention to overturn a notification dated June 2, 2023, issued by the Union health ministry, which prohibits the manufacturing and sale of certain FDCs for human use.

The notification banned the manufacturing, sales, and distribution of 14 (fourteen) FDCs licensed prior to 1988 due to potential risks to human beings, based on recommendations from an expert committee. The petitioners filed this petition challenging the prohibition of manufacture for sale or distribution of their cough syrups that fall within the ambit of FDCs, which has been on the market for over 30 (thirty) years and contains non-narcotic and non-habit-forming ingredients. The petitioner company argued that the notification lacks specific reasons or justification for the prohibition of their product.

The court held that the drugs already in the distribution channel by the petitioner company are not required to be withdrawn and that no fresh manufacturing should take place until the next hearing. The petitioner has been instructed to provide details of their existing stock, and the matter is scheduled for further hearing on July 3, 2023.

Dismissal of medical negligence case

The National Consumer Disputes Redressal Commission, New Delhi (“NCDRC”) in Pushpa Verma and Ors. V. Bhardwaj Nursing and Maternity Home Private Limited[2] vide its judgement dated June 12, 2023 dismissed a case alleging medical negligence in the death of the former Chief Justice of India, J.S. Verma. The complaint was filed by Late Justice J.S. Verma’s wife and children against prominent doctors and major hospitals.

The NCDRC held that there was no medical negligence on the part of the accused parties, stating that standard medical protocols were followed and there was no failure of duty or deficiency in their care. The complaint was dismissed based on the failure to prove necessary elements of medical negligence i.e., duty, dereliction, direct cause, and damages. The NCDRC concluded that Late Justice J.S. Verma’s death was not attributable to the actions of the hospitals/doctors.

Compensation for sperm mix-up by hospital

The NCDRC in Priyanka Tandon V. Bhatia Global Hospital and Endosurgery Institute and Others[3] fined Bhatia Global Hospital INR 1,50,00,000 (Indian Rupees one crore fifty lakh) for medical negligence owing to a mix up of sperm donated by the biological father.

The NCDRC went on to observe that there was a requirement for prompt and fixed timeline in relation to gynecology clinics and stressed upon the need for Assisted Reproductive Technology (ART) clinics to mandatorily issue DNA profiling of children born through ART procedures.

This Newsletter has been prepared by:

Sidharrth Shankar
Partner

Ayisha Mansoor
Partner

Arjun Krishnamoorthy
Principal Associate

For more details, please contact [email protected]

[1]W.P.(C) 8466/2023 (Delhi HC)

[2] Consumer Case No. 257 of 2015

[3] Consumer Case No. 14 of 2010