All faulty J&J hip implant patients can seek damages
suffering from faulty hip implants by pharma giant Johnson and Johnson (J&J) Pvt. Ltd can apply for compensation, and not just those who have undergone revision surgery, the chairman of the central expert committee on the matter said on Monday.
Around 100 people fitted with J&J’s Acetabular Surface Replacement (ASR) hip implant have already approached the committee, formed by the government to work on compensation for aggrieved patients.
“Everybody who is suffering due to ASR is eligible to apply for compensation. It is not limited to those who underwent revision surgeries,” the committee head, Dr RK Arya said. “The committee will take the final decision based on the documents that are submitted by the patients. The extent of damage will be examined and thereafter the compensation will be decided”
Patients claiming compensation are required to fill in a form published on the website of the drug regulator Central Drugs Standard Control Organisation. Other than sharing their personal details, the patients will be required to furnish information such as the date of the first surgery, type of surgery, identificamet tion number of the ASR hip implant, details of revision surgery, if the patient has received any medical management by the company, if any compensation other than the reimbursement has been paid by the company, and medical symptoms caused by the ASR implant. The ASR hip implant known as DePuy ASR was sold in India by DePuy International, a unit of J&J.
To arrive at the formula for determining the quantum of damages, the central expert committee has been examining all other existing provisions such as the Motor Vehicles Act and Rules for compensation for injuries or deaths from clinical trials in India. A legal expert has also been co-opted in the committee, which on Monday to discuss the pros and cons of the available methods of determining compensation.
“We are working on the references that are available in India. The formula will be legally vetted by the expert. The idea is to adopt the most simple, easy and legally acceptable formula and that is why we are taking time,” Arya said.
This will be the first-ever instance of compensation being paid for sub-standard treatment in India. “The team of experts is looking at every angle so that patients can benefit the most. As this is happening for the first time in India, they are examining all other existing rules and provisions in the Motor Vehicles Act and clinical trial rules to finalize a protocol for this case,” said a senior official, who did not wish to be named, adding that the committee will meet again next week when it is likely to decide on the formula for compensation.
J&J has been in the dock for double standards for failing to pay compensation in India, in contrast to the hefty compensation of $2.5 billion that it has agreed to pay to around 8,000 US citizens who sued the company after faulty hip implants. The Supreme Court on Friday sought the views of the expert panel on the J&J hip implants, directing it to file its report in two months.