File picture of an ICU unit with ventilator

Cuttack, Nov. 29: Orissa High Court has sought reports on “quality of performance” of 33 intensive care unit (ICU) ventilators, which the government had bought the three state-run hospitals for critical management of serious patients.

The court has directed the superintendents of the three hospitals to file individual affidavits indicating “whether these ICU ventilators have been put to use and if so, the quality of performance”.

A ventilator, also known as a respirator, is used in the ICU to support patients in breathing when they are physically unable to breathe. It is designed to mechanically move breathable air into and out of the lungs. Use of ventilator is also commonly referred to as life support or life-sustaining equipment.

The state government had purchased the 33 ICU ventilators and made available 16 to MKCG Medical College and Hospital, 12 to VSS Medical College and Hospital and five to SCB Medical College and Hospital between June and August.

The ventilators were procured from a private company at a cost of around Rs 4.92 crore after inviting tender bids.

The controversy sparked off after one of the rejected bidders had challenged the procurement in the high court and sought intervention against the government’s decision in purchasing the ventilators for around Rs 1 crore more than the cost offered by it.

Challenging the government decision, the petitioner company alleged it as “arbitrary, unreasonable and discriminatory”.

In a counter affidavit, the state government, however, claimed that there was “no illegality in the selection” as the technical committee consisting of four medical experts had found the ICU ventilator of the petitioner company to be “not fulfilling the technical specifications”.

In the affidavit, Dr Umakanta Satpathy, joint director of the medical education and training, said: “The equipment of Maquet Medical India Pvt Ltd though is little costlier but same was accepted as it complied, all the parameters of the specification, providing best utility which is the paramount consideration and not the cost of the product.”

When the petition came up last week, government counsel R.K. Mohapatra submitted that the ventilators had been installed or were in the process of installation and that those installed were functioning satisfactorily.

But, the division bench of Chief Justice Amitava Roy and Justice A.K. Rath adjourned the matter for hearing, along with the affidavits of the superintendents of the health facilities, on the ventilators’ functioning.

The bench, in its order, said: “Having regard to the issue seeking adjudication, we are of the view that it would be appropriate if the superintendents of the three medical colleges do file individual affidavits.” The court expects the reports from the superintendents when the case is taken up for hearing next week.