Mumbai couple gives new meaning to consumer activism

Sheetal Shinde and her husband Sunil were ecstatic when she gave birth to a baby girl on November 19, 2004. Sanika was the first girl to be born in their family after 34 years and she shared her birthday with Indira Gandhi.

However, the Santa Cruz couple's joy was short-lived. Within a year, Sanika was diagnosed with cerebral palsy – a medical condition usually caused by brain damage before or at birth. After struggling for about nine years, Sanika died last May.

Now a mother of three sons, including a pair of twins, Sheetal refused to resign to her fate when she learnt about Sanika's condition. All her reports were normal throughout the pregnancy. The Shindes took Dr Hansa Naik, who had delivered the baby, to consumer court, alleging medical negligence.

It was on August 28, the consumer disputes redressal forum Mumbai suburban district held the doctor guilty and directed her to pay Rs13.1 lakh. For the Shindes, the compensation was irrelevant. Sanika had been served the justice.

Taking care of a child who needed constant care and supervision, pursuing a case was an uphill task for the Shindes. What makes their struggle for justice exemplary is the gumption that they showed in the face of adversity – they fought the case on their own.

The couple had signed up for a normal delivery package at Anupam Nursing Home in Goregaon, where Dr Naik worked, and had paid Rs.7,500. "I underwent labour and was rushed to the hospital. The doctor delivered the bay through a vacuum extractor but I was not explained the procedure properly," said Sheetal.

"I found it unusual that my baby was not crying. The doctors did not tell me anything but kept her in the ventilator," said Sheetal, who had left her job as an accounts assistant after she conceived.

It was much later, especially after Sanika's diagnosis and meetings with several doctors, Sheetal would recollect the events at the Goregaon nursing home and join the dots to take her case forward.

The forum found that Sheetal could not bear down which resulted in the fetus remaining in the birth canal for a longer time. It said that this caused skull compression and fetal asphyxia and the conditions aggravated due to delay in supplying oxygen to the baby.

"According to the complainants, the doctor decided to keep the newborn in a ventilator but the oxygen cylinder was found to be empty. About 30 minutes were required to replace it and the struggling baby was found in a dangerous condition," said the forum.

Sunil got in touch with an advocate, named Karmankaran, who made a strong case for him. "He was very old and died two years after the case began. Dr Naik's lawyer had never lost a case. No one was ready to fight for us. We decided to fight on our own and learned as much as we could from internet, friends and other doctors," said Sunil, who works at a printing press in Lower Parel.

They were warned that the case could take over 10 years to wind up, but Sunil and Sheetal were determined to get justice for Sanika. It didn't matter if they didn't have any social life.

"If the doctors wanted more money for a C-section, they would have just informed us. We would have given the money. Just the fear of losing money, they insisted on a normal delivery," said Sheetal, struggling to hold back her tears.

The couple has decided to donate the compensation to help people with cerebral palsy. "I don't want other children to go through what Sanika underwent. Her right to a normal life was denied but with this her soul will find peace," she said.

Are they prepared to continue if Dr Naik appeals in a higher forum? "I'll educate myself again and submit whatever documents they want," said Sunil.