The national consumer disputes redressal commission (NCDRC) has upheld an order passed by the state commission awarding Rs25 lakh compensation to the family of a woman who died after allegedly negligent treatment at Cocoon Hospital, operated by Lineage Healthcare Ltd in Jaipur.
In its judgement delivered on 9 May 2025, the commission dismissed the appeal filed by Lineage Healthcare against a 2016 ruling of the Rajasthan state consumer disputes redressal commission which found the Hospital guilty of gross negligence in the treatment of Pooja Goyal during childbirth.
“Had [swine flu] been detected in time, there was a good possibility she would have survived,” NCDRC noted, finding that Cocoon Hospital failed in its duty to diagnose and treat Ms Goyal’s H1N1 (swine flu) infection promptly despite her clear symptoms and the ongoing epidemic in Jaipur at the time.
Ms Goyal, 28, was under continuous medical care at the hospital throughout her pregnancy. She was admitted for a caesarean delivery on 8 January 2015 while still suffering from fever and cold symptoms. Post-surgery, her condition deteriorated rapidly. Hospital allegedly ignored repeated pleas from her husband, Sanjay Goyal, to investigate further or discharge her for external care.
In assessing whether the Hospital acted with due diligence in diagnosing and treating Ms Goyal for H1N1, the commission noted that, while there was some dispute over whether she had a fever on 5 January 2015, it was undisputed that she developed a fever by the evening of 9 January 2015. Despite this, and her continued hospitalisation until 12 January 2025, Cocoon Hospital did not conduct timely testing for swine flu.
According to Mr Goyal, his repeated requests for a proper investigation were ignored by Cocoon Hospital. On 12 January 2015, he consulted with Narayana Hridayalaya Hospital, presenting all test reports and explaining the entire case history. The physicians at Narayana Hridayalaya immediately contacted Cocoon Hospital by telephone, expressing suspicion that Ms Goyal might be suffering from swine flu and recommending urgent examination.
"Upon learning of the suspected swine flu diagnosis, Cocoon Hospital hastily discharged her without documenting any abnormalities related to her persistent illness. On the same day, our family admitted Ms Goyal to the intensive care unit (ICU) at Narayana Hridayalaya Hospital, where subsequent testing confirmed she was positive for swine flu," he contended.
NCDRC noted that medical guidelines in force at the time clearly recommended prompt H1N1 screening for pregnant women with such symptoms, especially during an epidemic. "Yet the hospital failed to initiate necessary diagnostics between 9th January and 12 January 2025. As a result, by the time she was transferred, her condition had critically deteriorated, and she died on 15 January 2025."
The commission observed that apart from swine flu, she had no other medical complications—and had it been detected in time, her life could likely have been saved.
NCDRC, comprising presiding member Subhash Chandra and member AVM J Rajendra (Retd), held that Cocoon Hospital’s failure to screen or treat her for H1N1 in a timely manner, despite widespread public awareness and specific government guidelines, constituted a breach of the standard of medical care.
“It is incumbent upon the hospital to screen pregnant women for swine flu during an epidemic when symptoms are present,” the order stated, rejecting the Hospital's defence that fever only began post-delivery and that appropriate care was given.
The commission upheld the compensation amount, noting that the deceased was “a young, educated lady having children,” and that “the family is deprived from her services as wife and mother.” Of the Rs25 lakh compensation, Rs15 lakh is to be deposited in fixed deposits for her children until they reach adulthood.
“This is a case where Cocoon Hospital has not adopted a reasonable standard of diagnosis,” NCDRC concluded, adding that “clearly, other than swine flu, she had no other complications.”
(First Appeal No490 of 2016 Date: 9 May 2025)
