PANEL EXPLORES COMPENSATION FORMULA FOR J&J IMPLANT CASES

NEW DELHI: A central expert committee formed by the health ministry to decide on compensation for patients affected by ‘faulty’ hip implants of Johnson and Johnson (J&J) are examining compensation provisions under the Motor Vehicles Act and rules for injuries or deaths from clinical trials in India to arrive at a formula for determining the quantum of damages, said two people aware of the matter.

This will be the first-ever initiative of compensation being paid for sub-standard treatment in the country. “The team of experts is looking at every angle so that patients can benefit the most. Since 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 the first person cited above dispelling speculation that the committee is looking at the protocol set by other countries where the firm has already paid compensation.

“The compensation procedure used in the US and Australia cannot be applied in India,” the person said.

Ironically, under the Motor Vehicles Act, the amount of compensation payable in case of death is a meagre ₹5 lakh. The minimum compensation in case of permanent disability of any kind shall not be less than ₹50,000. However, for accidents resulting in minor injuries, the compensation amount is fixed at ₹25,000.

So far, more than 30 patients have approached the committee formed on September 11.