A 33-year-old Indian man, Flavian Kandhari, has died after receiving a kidney transplant from a donor that died from the same condition that was threatening to be fatal for Kandhari.
Kandhari underwent a cadaver kidney transplant at Nanavati Hospital back in May 2009. The transplant didn’t help him as his family had hoped; in July, he died of Guillain Barre Syndrome (GBS), which is a severe nervous disorder. But it wasn’t his death that upset his mother so much as why he died. It turns out that the 17-year-old donor of the kidney actually died from the exact same condition and Kandhari’s family claim that the doctor didn’t tell them that the donor had the condition.
“Flavian had suffered from Stevens-Johnson syndrome (SJS), a life-threatening skin condition, in the past, and had I been told of the donor’s syndrome, I would never have consented for the transplant,” Kandhari’s aunt, Alina Horta, said as she cried.
After Kandhari’s death, his aunt and mother filed a complaint against the doctor; for 18 months, an investigation was conducted by the Directorate of Medical Education and Research. In the report to the Directorate of Health Services (DHS), “the committee notes that Section 19 of the Transplant Act seems to have been violated, and the section actually reads, ‘Whoever makes or receives any payment for the supply of, or for an offer to supply, any human organ shall be punished with imprisonment of not less than two years and a fine not less than Rs 10,000.’”
The investigation also grew suspicious of the money that the doctors received from the family as fees. The report states that nephrologist, Dr. Marten D’souza, was paid by the hospital Rs 9,600 as a consultation fee; however, he still insisted that Kandhari’s family pay him Rs 25,000 by check. When Flavian’s aunt was asked why she paid that sum to D’souza, she said, “He constantly said that he would not get any fees from the hospital for the operation, so I paid him the said amount.”
It’s a tragic story that Kandhari would survive SJS only to have something like this bring about his death. If you have suffered from SJS, contact SJS lawyer Greg Jones today for a free consultation. I am experienced at fighting for SJS victims and may be able to help you get money for your injuries.
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