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Home > Mumbai > Mumbai News > Article > Couple sues lab for Rs 7crore after tests dont reveal childs rare condition

Couple sues lab for Rs 7crore after tests don’t reveal child’s rare condition

Updated on: 24 December,2024 08:16 AM IST  |  Mumbai
Samiullah Khan | [email protected]

Soldier’s wife says they went ahead with pregnancy only because specific lab test report gave ‘all-clear’ for severe genetic disorder. According to Hatkar, her son was born on December 12, 2017, and was later diagnosed with two rare conditions: Ichthyosis and Penoscrotal Hypospadias

Couple sues lab for Rs 7crore after tests don’t reveal child’s rare condition

The two children were diagnosed with two rare conditions: Ichthyosis and Penoscrotal Hypospadias

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The wife of a serving soldier in the army, Dipali Hatkar, has filed a Rs 7 crore lawsuit in a consumer court, alleging medical negligence by MedGenome Labs Limited, Bengaluru, Karnataka, and M/S College of American Pathologists. According to Hatkar, her son was born on December 12, 2017, and was later diagnosed with two rare conditions: Ichthyosis and Penoscrotal Hypospadias. In October 2020, a genetic test conducted at a Pune hospital confirmed a NIPAL4 mutation, diagnosing autosomal recessive congenital ichthyosis, a severe genetic disorder.


In 2021, Hatkar and her husband planned for a second child but were concerned that the new baby might inherit the same disorder. To address their concerns, they consulted a doctor who recommended prenatal genetic testing (Prenatal Sanger Variant Analysis) and chromosomal analysis to detect the presence of the NIPAL4 mutation. Doctors advised that if the test results were normal, the couple could proceed with the pregnancy.


Two different reports of the same sample
Two different reports of the same sample


Following medical advice, Hatkar underwent the tests, paying Rs 18,000 and Rs 5,500 to MedGenome Labs Ltd. The sample for testing was collected on June 16, 2022. The initial report, dated July 12, 2022, was “negative,” indicating the absence of the disorder. Based on this result, the doctors advised the couple to continue the pregnancy. Had the test indicated the presence of the mutation, the couple would have considered terminating the pregnancy in accordance with the law.

The “negative” report brought immense relief to the couple and the doctors, who confirmed that the fetus was free of the genetic disorder. On November 1, 2022, Hatkar gave birth to a baby girl. However, to their shock, the newborn began displaying signs of ichthyosis the very next day. The doctors promptly informed the lab and requested a re-test of the original sample. A revised report, dated May 5, 2023, revealed that the June 2022 sample had actually tested “positive” for the disorder, exposing a grave instance of medical negligence.

After sending a legal notice to the lab and receiving no response, Hatkar proceeded to file a case against MedGenome Labs Limited. Hatkar explained, “Patients with this condition face significant challenges, including severe skin peeling, frequent wounds, intense itching, recurrent infections, and skin bleeding. The condition worsens during weather changes, making it chronic and debilitating.” The family has been affected by the disorder, which demands constant care and vigilance. Hatkar has devoted herself to looking after her son, while the family struggles to meet the extensive care requirements round the clock.

Children with this condition require immediate and ongoing medical intervention. Intensive therapy must start within the first few hours of birth, while lifelong treatment involves regular medication, specialised nursing, continuous care, and tailored education. The family, already reeling from their son's condition and its associated challenges, was devastated. Hatkar remarked, “We took every precaution to ensure that our second child wouldn’t face the same fate. We conducted all the necessary tests, yet the contradictory report shattered our lives. Our grief deepens as we worry about what lies ahead for our daughter.”

Statement from the lawyers

Hemant Ingle and Imtiyaz Shaikh, representing the Hatkar family, stated, “This case highlights a severe instance of medical negligence that has profoundly impacted our clients. Despite trusting a reputed diagnostic lab and following medical advice, they were misled by a faulty genetic report that assured them their unborn child was free of the disorder. The subsequent discovery of contradictory findings after the birth of a second child with the same condition demonstrates shocking carelessness and a failure of duty by the lab and associated entities. This negligence has caused our clients immense emotional, physical, and financial distress. Through this lawsuit, we seek accountability, justice, and a deterrent against such lapses in the healthcare system, which can have devastating consequences for families.”

Other side silent

An email was sent to MedGenome Labs Limited, on November 27 seeking their response. A reminder was sent again on December 3 and 10. Despite these reminders, no response has been received.

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