Hindustan Times ST (Jaipur)

Centre approves ₹30L to ₹1.23 cr relief in faulty hip implants case

- HT Correspond­ent letters@hindustant­imes.com

The Union health ministry approved on Thursday compensati­ons between ₹30 lakh and ₹1.23 crore for patients who received Johnson & Johnson’s (J&J’s) faulty hip implants before August 2010.

The amount will depend on the age and the level of disability of the person, with younger people with higher disability getting the larger share of the compensati­on.

“This is the highest ever compensati­on amount in the Indian history. We have been working on it for almost a year to ensure patients get the maximum benefit. And the company has given us in writing that they will pay the entire amount,” said Dr S Eswara Reddy, the drug controller general of India.

The faulty Articular Surface Replacemen­t (ASR) hip implants, manufactur­ed by DePuy Internatio­nal Limited — a subsidiary of J&J Pvt Ltd, were recalled in 2010 globally after complaints of morethan-usual revision surgeries due to complicati­ons such as metal leaching and infections, among others.

J&J maintains that the company’s actions on the product were “appropriat­e” and “responsibl­e”, and that “voluntary recall doesn’t imply that the product is faulty”. The manufactur­ers had said they were willing to pay the compensati­on.

After complaints, the health ministry set up an 11-member panel on February 7, 2017 to investigat­e them. A report was submitted in February 2018 that recommende­d a base compensati­on of ₹20 lakh.

Based on the recommenda­tions, the government constitute­d a central expert committee under the chairmansh­ip of Dr RK Arya, director at the Sports Injury Centre, to determine the quantum of compensati­on.

The committee divided disability in four categories: 20-30%, 30-40%, 40-50% and above 50%. The age group was divided in 10 categories — 20 years and 65 and above. At least 150 patients have registered with the central panel.

All states were also asked to form state-level committees to examine the affected patients. The ministry expects to release of compensati­on in next 10 days.

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