Complaint filed on: 05-10-2018

                                                      Disposed on: 30-01-2021

BEFORE THE DISTRICT CONSUMER DISPUTES

REDRESSAL COMMISSION, TUMAKURU

CC.No.93/2018

DATED THIS THE 30^th DAY OF JANUARY, 2021

PRESENT

SRI.C.V.MARGOOR, B.Com, L.L.M, PRESIDENT

SRI.KUMARA.N, B.Sc., L.L.B, MEMBER

SMT.NIVEDITA RAVISH, B.A., L.L.B, LADY MEMBER

Complainant: -

Smt.Siddamma @ Seetha

W/o Parasappa Nagaral,

Aged about 46 years,

Maruthi Krupa,

Near Water Tank,

3^rd Cross, Sampige Road,

Gokula Extension,

Baddihalli, Tumakuru

(By D.A.Rajesha Gupta, Advocates)

V/s

Opposite parties:-    

1. The Manager (Sales),

SUN PHARMACEUTICAL INDUSTRIES LTD.

Sun House, CTS No.201,

B/1 Western Express Highway, Goregaon (East),

Mumbai-400063

2. Dr.Shivakumara,

Shivu clinic,

BH Road, Batawadi,

Tumakuru-3

(OP No.1-Sri.H.K.Ramamurthy, Advocate)

(OP No.2-By Sri.G.B.Ravishankar, Advocate)

       ORDER

SRI.C.V.MARGOOR, PRESIDENT

This complaint is filed under Section 12 of the Consumer Protection Act, 1986 to direct the Opposite parties (1) The Manager, Sun Pharmaceutical Industries Ltd, Mumbai and (2) Dr.Shivakumara, Shivu Clinic, Tumakuru (hereinafter called as OPs) to pay damages of Rs.10,00,000=00 towards mental agony and loss occurred to the complainant.

2. It is the case of complainant that dog had bitten her on 26-9-2016 and on the next day i.e. on 27-9-2016 the complainant has taken rabies injection namely XPRAB from the 2^nd OP. Further the complainant has taken two more doses on 1-10-2016 and 8-10-2016. After taking XPRAB injection manufactured by the 1^st OP, the complainant has suffered with a pain in her left arm, shoulder, upper chest and redness mild swelling in her left arm. The complainant has complained the said side effects to the 2^nd OP who has referred the complainant to surgeon.

3. The complainant has undergone surgery at Vinayaka hospital, Tumakuru on left upper arm on 12-10-2016 for cellulitis of left upper arm and discharged on 14-10-2016. The complainant has incurred Rs.2,00,000=00 for the operation, medicine, hospital bill etc. The complainant has again developed with the same problem of cellulitis of left upper arm and again on 14-11-2016 admitted at Vinayaka Hospital, Tumakuru and has undergone surgery and discharged on 15-11-2016. The complainant has spent more than Rs.2,00,000=00 for hospital expenses.

4. It is further case of the complainant that she has not cured with the said problem and she has been taking treatment till today because of the injections given by the 2^nd OP which was manufactured by the 1^st OP. The complainant’s case is that due to negligence on the part of OPs she has undergone two operations and till today she is under treatment. The complainant has got issued legal notice dated 10-4-2017 calling upon the OPs to pay damages but they have given untenable reply hence, this complaint.

5. The 1^st OP appeared through its learned counsel and filed version denying the allegations made in the complaint that due to injection of XPRAB taken by the complainant she has developed cellulitis on left arm. The OP denied that the occurrence of cellulitis was due to reaction of the said injection given by the 2^nd OP. The complainant has filed false case alleging facts which are grossly misconceived and based on incorrect information and understanding of the medical condition of cellulitis. It is the case of 1^st OP that cellulitis occurs when certain types of bacteria enter through a cut or crack in the skin. Cellulitis is commonly caused by Staphylococcus and Streptococcus bacteria. Skin injuries such as cuts, insect bites or surgical incisions are commonly the sites of such infection. Cellulitis cannot be caused by a vaccine which has wrongly been alleged by the complainant against this OP. On among other grounds, the 1^st OP prayed to dismiss the complaint.    

6. The 2^nd OP appeared through their learned counsel and filed written version admitting that they had given treatment to the complainant for dog bite to her and anti rabies injections XPRAB which was manufactured by the 1^st OP was given to the complainant on 27-9-2016, 1-10-2016 and 8-10-2016. The 2^nd OP further admitted with respect to allegations made in the complaint as the complainant suffered with pain in her left arm, shoulder, upper chest and mild swelling. The OP submitted that they have referred the complainant to surgeon when she has come up with the some complications. It is the case of 2^nd OP that there was no any negligence on their part for giving treatment for dog bite injuries. If at all the alleged expense incurred by the complainant is attributable to the XPRAB injection which is manufactured by the 1^st OP. The 2^nd OP has not committed any error during the course of giving treatment to the complainant. On the above grounds, the 2^nd OP asked to dismiss the complaint against them.   

          7. The complainant filed her affidavit in lieu of evidence and produced Exs.P1 to P15 documents. The 2^nd OP filed affidavit evidence and not produced documents in support of their case. Both the parties and their learned counsels were remained absent since 22-6-2020 till 8-1-2021 hence, the case posted for orders.

          8. On perusal of the complaint, version and documents produced by the complainant the points that would arise for determination are as under:

1)      Whether the complainant proves the deficiency in service on the part of OPs?

2)      Is complainant entitled to the reliefs sought for?  

9. Our findings on the aforesaid points are as follows:

Point No.1: In the negative

Point No.2: In the negative for the below

REASONS

          10. Point No.1 to 2: The complainant in affidavit evidence has reiterated the averments of complaint. On the same line the 2^nd OP has also reiterated the averments of version in their affidavit evidence. The 1^st OP has not disputed the manufacture of rabies XPRAB which said to have been used by the 2^nd OP to treat the complainant. The 2^nd OP in clear words admitted in the version and affidavit evidence that on 27-9-2016, 1-10-2016 and 8-10-2016 they had given XPRAB injection dose to the complainant for dog bite. The complainant produced Ex-P1copy of vaccination card given by the 2^nd OP to her. It is mentioned in Ex-P1 as Rabies Vaccine, Human XPRAB and vaccination card single dose. The name of complainant appeared in this card, her date of birth 1944 and date and time of exposure of vaccination on 26-9-2014. Exs-P2 to P15 are medical prescriptions and bills of 2^nd OP and Vinayaka Hospital discharge card.

          11. It is the specific case of complainant that for giving XPRAB injection she has developed Cellulitis on her left upper arm. Cellulitis is usually a superficial infection of the skin. But if severe or if left untreated, it can spread into lymph nodes and bloodstream. Cellulitis occurs when bacteria, most commonly streptococcus and Staphylococcus enter through a crack or break in skin. The incident of a more serious staphylococcus infection called methicillin resistance staphylococcus aures (MRSA) is increasing.  Cellulitis can occur anywhere on body likely to enter disrupted area of skin such as where human had recent surgery, cuts, puncture wounds, an ulcer, athlete’s foot or dermatitis.   Animal bites can cause cellulitis bacteria can also enter through areas of dry, flaky skin or swollen skin. From the reading of the above it can be said that cellulitis occurs due to entry of bacteria in disrupted area of skin or surgery cuts, puncture wounds etc.

12. Several factors put human at increased risk of cellulitis like injury, weakened immune system, skin condition and chronic swelling of arms or legs. This condition sometimes follows surgery. Side effects of XPRAB are pain, joint pain, injection site redness, injection site swelling, swelling at lymph nodes. XPRAB injection helps to develop immunity by forming antibodies which are proteins against infection caused by viruses. Infection site reactions are the most common adverse events following immunization. These include pain, itching, swelling or redness around the site of injection. These reactions are usually mild and last for one or two days.

13. The complainant has not led the evidence of expert to prove that XPRAB injection has caused reaction and she has developed cellulitis on left upper arm. Except averments in the complaint, the complainant has not placed any medical evidence to prove that taking XPRAB injection has led to development of cellulitis on the left arm. The complaint averments are not supported any medical expert evidence except self sworn statement of the complainant. The complainant might have developed cellulitis on her left arm due to entry of bacteria in the bite site of the dog or other place of body. Thus the complainant has failed to prove that rabies injection XPRAB manufactured by the 1^st OP she has developed cellulitis. Therefore, the complainant is not entitled for relief claimed in the complaint. Accordingly, we proceed to pass the following;

ORDER

The complaint filed by Smt.Siddamma @ Seetha w/o Parasappa Nagaral is dismissed without costs. 

Furnish the copy of order to the complainant and opposite parties at free of cost.

          (Dictated to the Stenographer, got it transcribed, corrected and then pronounced in the Open Commission on this the 30^th day of January, 2021).

LADY MEMBER            MEMBER                       PRESIDENT