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Volume I : Move Towards Holistic Health
Appendix 8 : Resume on the Lentin
RESUME ON
THE LENTIN COMMISSION REPORT
The Lentin Commission
perobed into the death of 14 patients at J.J. Hospital,
Bombay after being administered glycerol adulterated with
diethylene glycol. In a painstaking effort over a period
17 months, the Lentin Commission has succeeded in
exposing the nexus between politicians, the Food and
Drugs Administration (FDA) and the drug manufacturers.
How it All Started
Between January 21 and February 17, 1986, 14 patients
died in J.J. Hospital of cute renal failure. All of them
were Administered adulterated glycerol which contained
18.5% diethylene Glycol (even 1% diethylene glycol can
cause damage). This adulterated glycerol which was meant
for industrial and not medicinal use was supplied by
Alpana Pharma, whose tender to supply glyceriol had been
accepted by the tender Committee, in gross violation of
seveal rules of acceptance of tender. In addition,
Chem-med Lab had given a quality control report stating
the drug to be of standard quality without even
conducting the requisite tests. And finally at the J.J.
Hospital even when the killer drug was more or less
identified, the drug continued to be administered due to
negligence of the concerned people.
The one man Justice Lentin Commission was set up by the
Maharashtra Government to probe into the incident. The
Commission shifted through innumerable files, stringently
cross examined 120 witnesses and came up with facts that
presented a horrifying picture of the health system.
The FDAs
Functioning
The Commission exposed the understanding between
manufacturers of sub-standard drugs and the upper
echelons of the FDA. The protection these manufacturers
received from FDA, the flagrant violation of laws in
issuing licenses, deferring prosecution of errant
manufacturers and ministerial interference at every
stage.
The Commission slapped perjury notices against four
persons, including two former health ministers for
failing to tell the truth in the witness box. Justice
Lentin had this to say about the several witnesses,
"I have met shameless witnesses before but the FDA
takes the cake." He also added that never in his
experience of 14 years at the High Court Bench and 7
years in the Civil Court had he come across any case
where barring a few exceptions, witness after witness
came determined to suppress the truth and pile the blame
on someone else.
Some startling facts that were revealed in the course of
the hearing - between January and September 86, 582
formulations were found to be substandard with hardly any
action taken against the offenders, many of whom were the
"reputed" big companies.
- - 300 formulations
were found to be substandard between Feb.
87 and July 87, but they continued to
be sold.
- - 20% of drug samples
drawn were found to be substandard and yet follow
up action on the part of FDA had been almost
non-existent.
- - Several summons to
the State Government and FDA to produce a missing
file evoked no response. When a newspaper
reporter finally unearthed the file, it contained
evidence of FDA manipultions to pass a drug
formulation manufactured by Glindia (formerly
Glaxo Laboratories) which was not of standard
quality.
The Role of Health
Ministers
About Health Ministers, Justice lentin had this to
say, "They have encouraged corruption, favouritsm,
deliberte violation intentionally and knowingly performed
with a view to confer favours, ministerial largesse in
the form of transfers and postings of choice, undeserved
promotions of FDA officers and concessions, cancellations
of stringent orders or withholding of mandatory
prosecutions of accordance with the provision of the Act
against the licenses viz. Manufacturers and repackers
etc. "Former Health Ministers Baliram Hiray and
Govind Sarnayak, present health Minister Bhai Sawant,
former Chief Minister Shivji Rao Patil Nilangekar, wer
all hauled before the Commission for their interference
in the working of the FDA, Pramila Tople, another former
health Minister was hauled for her role in transferring
Commissioner N.C. Venkatachalam, an upright officer who
had been brought to set things right at the FDA.
Shalinitai Patil, another former Health Minister was
criticized for her role in cancelling the transfer orders
of Asst. Commissioner S.M. Dolas, who spent 20 out of 28
years in Bombay when transfers are mandatory after every
3 years.
The working of FDA
approved Quality Control Labs
The working of FDA approved laboratory like Chem-Med
and Apex (the latter issued a clean chit for manmitol
supplied to J.J. Hospital which subsequently was found to
be substandard.) was another scandal. The Commission
exposed both laboratories were guilty of issuing bogus
reports. Chem-Med had four or five previous violations
and by law should have been shut long ago. But it
continued to flourish under FDA protection
Chem-Meds owner explained in Court that wining and
dining of FDA officials and giving them presents was
routine.
The Report and
Afterwards
The report was finally tabled in the Legislative
Assembly on March 30 after a High Court direction to the
government. This put an end to the Governments
dilly - dallying regarding tabling the report. As an
outcome of the Commission, some people may be punished
and some cosmetic changes made. Unless major overhauling
takes place, all the efforts would be wasted.
The findings of the Commission wre unpalatable in certain
quarters. Bhai Sawant resigend from the government three
weeks before publication of the findings saying, the
Commission has drawn unpermissible conclusions. He also
accused it of impeaching a minister and of being
predetermined to find all guilty.
In a unique show of solidarity MLAs from the
opposition and the ruling party have joined hands, in
criticising the Commissions findings regrding the
politicians role in the whole affair. A notice of breach
of privilege was raised against Justice Lentin by an
opposition MLA. All these point as an effort to shift
attention from the main issue at hand. The rot which has
set in the public health care system and drugs
administration.
What the Lentin
Commission has been able to
In short what the Lentin Commission has exposed is
well summed up in the foreward of its report, which says,
"These pages describe and illustrate the ugly facets
of the human mind and human nature, projecting errors of
judgement misuse of ministerial power and authority,
apathy towrds human life, corruption, Nexus and quid pro
quo between unscrupulous license holders, analytical
laboratories elements in the industries department
controlling the award of rate contracts, manufacturers,
traders, merchants, suppliers, the Food and Drugs
Administration and persons holding ministerial
rank."
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