"Delhi High Court Allows Continuation of Stem Cell Treatment for Two Children with Autism"
In a recent development, the Delhi High Court has granted permission for two children diagnosed with autism spectrum disorder (ASD) to continue their ongoing stem cell treatment. The court emphasized that abruptly discontinuing the treatment may not be in the best interests of the young patients.
The decision was reached by a Division Bench consisting of Chief Justice Satish Chandra Sharma and Justice Sanjeev Narula. The ruling came in response to a petition filed by the parents of the children, challenging the recommendations issued on December 6, 2022, by the committee on stem cell use in autism spectrum disorder, formed by the Ethics and Medical Registration Board (EMRB) of the National Medical Commission (NMC).
These recommendations stated that the use of stem cells in ASD treatment, as well as its promotion and advertisement, would be considered professional misconduct. It is important to note that, although these recommendations were submitted to the NMC, the commission had not yet made a decision on the matter.
The parents argued that their children, who had been diagnosed with ASD, experienced significant improvement following stem cell treatment. However, due to the committee's recommendations, their treatment was halted, as doctors feared potential professional misconduct proceedings.
After a careful examination of the case, the Bench took into account anecdotal evidence presented by Dr. Sandhya Gokavarapu, the children's mother and a renowned oncologist, highlighting the potential benefits of stem cell treatment, particularly when discontinuation could result in setbacks.
In the spirit of patient autonomy, the court noted that the petitioners were not seeking financial assistance from the state and were fully aware of the potential risks associated with the treatment. Their decision to continue with the treatment underscores their belief in its benefits for their loved ones. Thus, the court granted permission for the stem cell treatment to continue, with the understanding that it would be at the petitioners' own risk.
The court also sought the opinions of two senior doctors from the All India Institute of Medical Sciences (AIIMS) who cautioned against the use of stem cell treatment in ASD cases. However, the court considered that their opinions were related to non-ASD cases and lacked comprehensive documentation, making them less directly applicable to the current matter.
Recognizing the urgency of the situation, the court urged the NMC to expedite its review process and reach a conclusive decision, taking into account the committee's recommendations.
Furthermore, the court directed both the NMC and the Central government to file a detailed counter affidavit in the matter. It also included AIIMS as a respondent in the case, emphasizing the importance of their input in a matter of significant public interest. AIIMS was instructed to submit a comprehensive counter-affidavit within four weeks.
The court expressed its gratitude to Dr. Sujata Mohanty and Professor Sheffali Gulati, the two AIIMS doctors who provided assistance and insights during the proceedings.
Advocates representing the petitioner parents included Senior Advocate Sandeep Sethi, along with advocates Akshay Sapre, Shruti Shivkumar, and Sahel Sood.
Additional Solicitor General Chetan Sharma, along with Central Government Standing Counsel (CGSC) Ripu Daman Bhardwaj and advocates Amit Gupta, Kushagra Kumar, Ghanshyam Jha, Saurabh Tripathi, and Vikramaditya Singh represented the Central government.
Advocates Satya Ranjan Swain and Kautilya Birat appeared for AIIMS.
Advocates T Singhdev, Aabhaas Sukhramani, Abhijit Chakravarty, Bhanu Gulati, Anum Hussain, and Tanishq Srivastava represented the NMC.
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TAGS: Delhi High Court Stem Cell Treatment Children with Autism Autism Spectrum Disorder Recommendations Ethics and Medical Registration Board National Medical Commission Patient Autonomy All India Institute of Medical Sciences Urgency Review Process Central Government AIIMS Counter Affidavit Advocates.
