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The Madras High Court recently passed an Order dated 08-11-2018 in R. Thirumeni vs Union of India thereby it has taken note of certain suggestions put forth by the Petitioner and has granted time to the Central Government and the State Government to respond to such suggestions with regard to the brain injuries and medical therapy for the same.

The Petitioner had approached this Hon’ble Court seeking euthanasia or mercy killing for his son, namely, T. Paavendhan, who is suffering from Hypoxic Ischemic Encephalopathy (HIE), a type of brain injury in which an infant’s brain doesn’t receive enough oxygen and blood and due to which he is in a Persistent Vegetative State (PVS). Further, his son also suffers ten to twenty epileptic attacks a day and the Paediatric Neurologist was of the opinion said that there were no chances of recovery.

The Bench comprising of Justice N. Kirubakaran and Justice Abdul Quddhose had appointed a three member search committee to nominate three doctors from various fields to examine the child. The medical team comprising of the nominated doctors opined that the clinical status of the child does not fit into the category of PVS. Further, a director of the Anirudha Medical Organisation Private Limited approached the Court seeking permission to treat the child through ‘Trigger Point Therapy’.

Photographs and video clips of the child after 10 days of undergoing the said ‘Trigger Point Therapy’ were shown to the Court, which displayed the improvement in his health, showed the boy sitting with minimal support and responding to light as also raising his hand on command. Upon seeing this the Court stated that “if that is so, really, it is a path-breaking achievement in medicine’.

The Petitioner’s Advocate put forth suggestions requiring awareness, training and formal education on the said therapy and also to provide the same in the syllabus of medical college’s curriculum with reference to brain disorders, a detailed study on the incidents of such disorders establishment of medical centres, to provide financial assistance to the families of such patients,  explore treatment methods for such disorders, etc. He further suggested establishment of medical centres specialising in above mentioned therapies for brain related disorders.

This Hon’ble Court suomotu impleaded Medical Council of India (MCI) to inform the Court whether there are any super speciality diploma courses available in Trigger Point Therapy and Musculo-skeletal Therapy, and in case there are no courses in the above mentioned therapy then the MCI ought to consider introducing such a course. If need be the MCI to get expertise from foreign countries by inviting then to give training to Indian students or physiotherapists.

Further, this Hon’ble Court granted time to Central Government and State Government in its next date of hearing, 29-11-2018.

Suchit Patel

Associate

The Indian Lawyer

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