Hindustan Times (Lucknow)

Faulty hip implants: Johnson and Johnson may be fined ₹20 lakh

- Teena Thacker teena.t@livemint.com

NEWDELHI: Johnson and Johnson (J&J) may be ordered to pay as much as ₹20 lakh in compensati­on to each of the 22 Indian patients who were given faulty hip plants that required them to undergo revision surgeries, according to two people with knowledge of the matter.

An 11-member panel set up by the health ministry in February came to the conclusion that J&J was at fault for “serious medical negligence,” said the two people, both of whom serve on the panel, on condition of anonymity. A spokespers­on for the local unit of DePuy Internatio­nal, the J&J unit that sold the device in India, denied the allegation.

J&J in 2013 agreed to pay $2.5 billion in compensati­on to around 8,000 US citizens who sued the company after being given the implants that were recalled globally in August 2010, but was non-committal about paying any damages to the Indian patients, they said. J&J, the world’s largest medical device maker, also paid compensati­on to patients in countries such as Australia and Canada, one of the persons cited above said.

The committee’s findings were based on submission­s by 22 odd patients, all of them had to undergo revision surgeries after being given the faulty implants, the committee found. Some of them told the committee that they had to undergo a third surgery. The patients informed the panel that they suffered great pain and had to be confined to bed.

Case histories of the patients revealed that a flaw in the design of the implant led to an increase in chromium and cobalt levels in the body, which had a toxic effect on other parts of the body, endangerin­g the lives of the patients, one of the two persons said. Many patients were confined to strict bed rest.

In August 2010, the US Food and Drug Administra­tion issued a recall of the 93,000 articular surface replacemen­t (ASR) hip implant globally after UK authoritie­s reported that 13% of patients given the implant ended up needing a revision surgery.

The hip replacemen­t device was recalled in India the same year.

The initial findings of the committee suggested that in India J&J had only provided reimbursem­ent for recall-related revision surgeries, food and travel to the patients, but no compensati­on, another person privy to the details of the matter said.

DePuy’s reimbursem­ent programme was intended to remove “financial barriers for patients so they could receive recall-related testing and treatment,” the company’s India spokespers­on said in response to a detailed questionna­ire. “The company’s decisions leading up to the voluntary recall of the ASR Hip System and subsequent actions, including a reimbursem­ent programme for recall-related medical expenses, reflect our commitment to patients. DePuy acted properly and responsibl­y with respect to ASR, and we believe the full history of the product shows a company working to improve patients’ lives through innovation, taking action when necessary and standing by patients,” the spokespers­on said.

“We have kept the Drugs Controller General of India informed of all key actions ,” the spokespers­on added.

An email sent to the health ministry on Tuesday had not elicited any response till press time.

 ?? REUTERS/FILE ?? ▪ J&J headquarte­rs in New Jersey
REUTERS/FILE ▪ J&J headquarte­rs in New Jersey

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