Panel wants J&J to pay ₹20 lakh per patient
NEW DELHI: A health ministry panel has recommended compensation with a base amount of ₹20 lakh each for patients who received hip implants from Johnson and Johnson seven years ago, which were faulty and had to be replaced with corrective surgery.
The hip replacement device called DePuy ASR was sold in India by DePuy International, a subsidiary of J&J. It was recalled in 2010, following global reports of metal poisoning and failures.
“The committee recommends that the firm be made liable to pay adequate compensation commensurate with the loss of wages, severity of the pain, the resultant disability and sufferings (both mental and physical) of each of the patients who had received implant,” the report said. Mint has seen a copy of the report.
Currently, India has no specific legal provisions to pay compensation in such cases. The government set up the committee in February 2016 to investigate the case. The compensation figure was first reported by Mint on November 20, citing two people aware of the matter.
The report also recommended forming another panel of experts and regional expert committees to study claims of disability and suffering caused due to the device. The final compensation will be determined by the central expert panel, based on the base amount and the loss of wages.
The committee also recommended free medical management to all the patients who had to undergo a revision.
Holding the company liable for failing in issuing warnings to the patients of the harm posed by the orthopedic implants, the committee also held it responsible for the delay in recalling the device.
Due to a design flaw, toxic chromium and cobalt in the device leached into the body, endangering lives. Experts in the panel have also found that the firm was negligent in not giving adequate training to surgeons.
J&J declined to comment on the report, saying it has not yet received a copy. However, it said that the company did initiate a “one of its kind reimbursement programme” for the patients.