Illegal organ transplant at Lakeshore Hospital: Kerala HC stays further proceedings for six months

Kochi: In an interim order, the Kerala High Court stayed further proceedings in an organ donation case against VPS Lakeshore Hospital under the Judicial First Class Magistrate Court for six months. The case is based on a private complaint alleging that the transplantations were carried out in violation of the provisions of the Transplantation of Human Organs Act (THOA), 1994. The order was passed by Justice PV Kunhikrishnan when considering a petition filed by Lakeshore Hospital and seven doctors. 

The Magistrate Court had earlier directed to register a case and investigate the complaint lodged by Dr S Ganapathy in connection with the death of a Muvattupuzha native, who sustained serious injury in a bike accident on November 29, 2009. According to the complaint, the deceased, who was admitted to Lakeshore Hospital, was declared brain dead and his organs were harvested in violation of the law for transplantation. 

However, the petition filed by the hospital and doctors sought to quash the proceedings in the case before the Magistrate Court. They argued that the transplantation was carried out after fulfilling the requisite procedures and the brain death was confirmed by the medical board. They further added that the deceased’s liver and kidneys were donated only after obtaining his mother’s consent.