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TISL goes to Supreme Court over controversial purchases of medical supplies including counterfeit immunoglobulin
View(s):By Mimi Alphonsus
Transparency International Sri Lanka (TISL) this week petitioned the Supreme Court highlighting the serious ramifications on the health sector and the general public of recent controversial purchases of medical supplies including counterfeit human immunoglobulin.
TISL and its Chairman Pulasthi Hewamanna maintain that actions by the Ministry of Health, the National Medical Regulations Authority (NMRA) and other respondents constitute a continuing violation of the fundamental right to equality before the law and equal protection of the law as well as the fundamental right to information as guaranteed under Article 14A of the constitution.
The petition states that the blood-based human immunoglobulin and other medicines were procured sidestepping the usual competitive and quality assurance processes via waivers of registration (WoRs) granted by the NMRA on the basis that emergency medical supplies were required due to depletion of stocks. Given that an audit report from May 2022 found that the “main reason” for the shortage was mismanagement, the petitioners raised concerns that the urgency may have been “orchestrated” for “ulterior motives.”
The petition states that private companies not registered with the NMRA were thus given contracts for the supply of medicines at higher prices than their competitors.
The petitioners submitted reports to the court showing that some medicines procured with WoRs in 2022 were found to be lacking in quality. Zupivac-H, an anaesthetic, and Ceftriaxone, an antibiotic, were reported to have caused the deaths, said the petition.
When the NMRA tested samples of human immunoglobulin supplied through a WoR by the private company Isolez, they found “negligible” amounts of immunoglobulin. The NMRA admitted to quality failures and withdrew both human immunoglobulin and Rituximab, an injection, also supplied by Isolez.
“It is amply evident that in the case of Isolez being granted WoRs, one or more respondents have sought to sidestep the regular processes to be followed when procuring medical supplies from private entities, raising a serious doubt as to the bona fides of the said procurement,” the petition states.
The petition said that the procurement of human immunoglobulin and Rituximab “form one of many instances which evince the complete breakdown in the health care system caused by the incident of issuing WoRs”.
Petitioners further argued that the process of granting WoRs and the identification of beneficiaries was “shrouded in secrecy” constituting a violation of the petitioners’ right to information.
In addition to violating their fundamental rights, the petitioners stated that the provision of WoRs “reek of partiality to preferred suppliers” and is indicative of ulterior motives. They allege that these actions were unconstitutional, a total abuse of the public trust, demonstrative of utter disregard for the health, safety and well-being of the general public and a total abuse of public funds.
The Court’s intervention is sought to declare that importing human immunoglobulin and several other drugs without competitive bids is wrongful and illegal; to review the issuance of WoRs; to direct a special inquiry by the Auditor General; to direct prosecution; and to direct recovery of costs and payment of compensation to the State or citizens.
The petition also requests an interim order to suspend the decision to procure medical supplies and provide WoRs to the named companies, to prevent the importation of any medical supplies from said companies and to prevent payment to them.
Several suspects, notably former Minister Keheliya Rambukwella and former Healthy Secretary Janaka Chandraguptha, are currently in remand custody in connection with the medical procurement issue which the Sunday Times continuously exposed since December 2022.
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