Oocyte donor’s death in 2010: Maharashtra’s Human Rights Commission orders inquiry

Sushma Pandey

The Maharashtra State Human Rights Commission (MSHRC) on Thursday directed its own investigation unit to submit an inquiry report on the death of oocyte donor Sushma Pandey, who succumbed to complications arising out of ovum donation in 2010.

The commission has also called for a report from the Maharashtra Medical Council (MMC) — a quasi judicial body regulating allopathic doctors — asking for a report on the complaint registered by the deceased’s mother in 2013.

The SHRC member, Bhagwantrao More, observed that the case ‘was unfortunate’ and asked the Sakinaka police about the progress in the investigation and charges applied against the doctors concerned. Observing that MMC’s decision on the case remains pending for four years, the bench called for a report on the case and an independent inquiry into the death of the minor girl.

On August 10, 2010, Sushma, aged 17, was declared brought dead at Rajawadi hospital after experiencing abdominal pain two days after she donated eggs at Bandra-based Rotunda: The Center for Human Reproduction fertility clinic.

A report submitted by J J hospital stated that she died due to shock caused by rising hormonal levels as a result of egg donation.

Under Indian Council of Medical Research guidelines, an egg donor’s age should be between 18 (now 21) and 35 years. The Assisted Reproductive Technologies (Regulations) Bill and Rules (2009) also mandate that a fertility clinic must verify the age of a donor before registering her.

In this case, an agent representing Sushma allegedly submitted a fake PAN card to the fertility clinic that showed her age as 19 years and her name as “Sushma Dubey”. Sushma had donated her ovum thrice — in October 2009, February 2010 and on August 8, 2010, before she succumbed to medical complications.

Her mother approached the MSHRC in 2016 stating that a decision on her complaint in 2013 at the MMC remains pending. Meanwhile, the Sakinaka police filed a supplementary chargesheet in the Andheri sessions court in 2015 naming Rotunda’s medical director, Dr Gautam Allahabadia, and other IVF specialist Dr Kaushal Kadam, surgeon Dr Gauri Gupta, anaesthetist Dr Hetal Chabria, Dr Kirit Trivedi and Dr Yogen Bhatt as accused.

“I have approached multiple platforms waiting for some kind of justice. The chargesheet in the case was filed in 2015 but not a single hearing has taken place,” said mother Pramila Pandey. Since 2010, she has been visiting the police station every month, she claims, adding that no payment for egg donation was ever received by her daughter.