New Delhi: NCDRC imposes Rs 1.5 crore fine on private hospital for mix-up in semen samples during IVF procedure 

A whopping fine of Rs 1.5 crore was imposed on a private hospital in Delhi by the National Consumer Disputes Redressal Commission (NCDRC), for an alleged sample mix-up during an IVF procedure 15 years ago. 

A paternity test or DNA profile test in 2008-09 revealed that the blood group of one of the twins was AB positive, whereas the parents were B positive and O negative respectively.

The couple soon moved to the commission claiming a compensation of Rs 2 crore for “deficiency in service”, leading to emotional distress, family discord and fear of genetically inherited diseases for the family. 

According to the complaint, the couple became parents to a set of twins in June 2009 through an Artificial Reproductive technologies (ARTs) procedure. However, the blood group of the babies did not align with the genetic transmission of the possible blood groups from the parents to the baby, indicating that the semen sample administered to the woman undergoing the IVF procedure did not belong to her husband. 

“It is clear that due to the negligence…during ICSI (Intracytoplasmic sperm injection) or IVF procedure, such a disaster occurred. Due to negligence, the genetic link between the parents and their children has been severed. Its impact was on several social and ethical issues,” the commission concretely expressed. 

Flagging rampant ethical concerns and practices arising out of ARTs, Presiding Member S M Kantikar said, “The instant case is of deceptive and unfair trade practices adopted by the opposite parties (OPs) who have forgotten professional ethics. Thus opposite parties 1-3 (the hospital, its director and chairman); also the opposite parties 4-6 (three doctors) are liable for the act of negligence and unfair trade practices…I fix the total lump sum liability of Rs 1.5 crore against the OPs.” 

“In our country, mushrooming of ART centres has led to incorrect treatment of innocent infertile couples. The specialist requires correct knowledge about the physiology of ovulation as well as reproductive gynaecology. Routine gynaecologists without having in-depth knowledge, using incorrect protocols may be harmful. One must realise that infertility patients are stressed both emotionally as well as financially. The instant complaint involves many burning issues like medical ethics, unfair practices and misleading advertisement,” added S M Kantikar. 

The commission ordered Bhatia Global Hospital and Endosurgery Institute and its Chairman and Director to jointly pay Rs 1 crore as compensation to the family, and also deposit Rs 20 lakh in the consumer legal aid account of NCDRC. Along with this, the other three accused doctors were directed to pay Rs 10 lakh each to the complainants. 

The panel believed that the couple deserved compensation for the incurring care and welfare expenses of bringing up the twin girls for 14 years, concluding that the possibility of inherited genetic disorders is unpredictable.