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Showing contexts for: cochlear implants in E. V. Kesavan Namboodiri vs The Medical Superintendent, Kasturba ... on 7 July, 2022Matching Fragments
BEFORE: HON'BLE DR. S.M. KANTIKAR,PRESIDING MEMBER HON'BLE MR. BINOY KUMAR,MEMBER For the Petitioner : Ms. Usha Nandini V., Advocate For the Respondent : Ms. Anjana Chandrashekar, Advocate for R-1 Dated : 07 Jul 2022 ORDER DR. S. M. KANTIKAR, PRESIDING MEMBER It is the need of hour to start a national cochlear implants registry to monitor Cochlear implant cases and to study clinical outcomes. Also revamp the guidelines to scale up cochlear implants procedure in a holistic way and to ensure post-surgery follow-up and functioning of the implant, The Central and the State governments need to curtail indiscriminate use of cochlear implants.
1. This Revision Petition was filed against the order dated 29.4.2008 passed by the order of the Karnataka State Consumer Redressal Commission, Bangalore, in Appeal No.1786/2007, whereby the appeal filed by the respondent was partly allowed and reduced the compensation to Rs. 2,10,000/-. The negligence of the opposite party was upheld.
2. The issue relates to failure of cochlear implant.
3. The Complainant is a Lower Division Clerk in the Naval based at Kochi of Kerala State. The Complainant was deaf from his childhood and at the age of 8 years undergone left ear surgery. It was alleged that at the age of 15 years, on 23.09.2002 he approached OP-2 at Kasturba Hospital, Manipal (OP-1) for cochlear implantation surgery. It was alleged that based on earlier report (four years back) issued by Dr. Mohan Kameswaran, of Madras, OP-2 without doing any pre-operative tests, on 25.01.2003 performed the Cochlear implantation (Clarion platinum series Sl.No.62464) in the right ear. After the surgery for short period (3 months) his hearing was improved to some extent. Thereafter, he developed ear discharge and right facial palsy. Gradually, he developed hearing loss in Rt.ear and later on the implant was removed.
The parties are directed to bear their own costs in the Appeal."
7. Being aggrieved the Complainant filed the instant revision petition.
8. We have heard the learned counsel for the parties. Perused the medical record, interalia orders of both the fora.
9. It is an admitted fact that, in year 2003 the Complainant underwent right ear cochlear implant at OP-1, it was performed by OP-2. But, there was no improvement in hearing.
10. On careful perusal of record, that in April 2004, Complainant for facial palsy took treatment from Dr. Radhakrishna Nayak of Kochi and got cured completely. In the meantime, as instructed by O.P.No.2 and the Clarion Company, he approached Dr. Sandra Deza Souza in Mumbai. She performed temporary grafting and prescribed higher antibiotics and steroids. But the complainant did not get any relief. Therefore, the complainant lost his confidence with the OP. No.2 and on 23.4.2004 consulted Dr. Manoj Manikote M.S. (ENT) an expert in cochlear implantation and Head & Neck Surgery dept. at Malabar Institute of Medical Sciences(MIMS), Calicut. On outoendoscopy it was Dr. Manoj found that the right mastoid cavity has purulent discharge with exposed electrode and the existence of extensive Cholesteatoma and granulation around the electrode. After removal of the electrode, the ear problem was stopped and the complainant got relief. Since the keeping of the electrode in such a condition many lead to chances of Meningitis (intracranial infection) and inviting other severe consequences; therefore explantation of the electrode and blind sac closure was done. He took opinion of Dr. Mohan Kameshvaran and removed the cochlear implantation.
12. From the various literature, it is known that, Cochlear implant is the treatment of choice for rehabilitation of children born deaf and selection of suitable candidates is paramount to successful speech development. Owing to the costly affair and humanitarian ground Central and State Governments are funding many cochlear implants. Failure of the surgery or postoperative infection both are detrimental to the Government and patients. This is avoidable in majority by careful case selection, appropriate immunization and newer surgical approaches. Indiscriminate use of free cochlear implants by surgeons without adequate workup just for the sake of numbers should be strongly condemned. Government should adopt a registry system to monitor patients for the optimum use and avoid dropouts /non users postoperatively.