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Patients with faulty J&J hip implants say no word from govt so far on compensation

Although J&J has been criticized for failing to pay any compensation for its faulty hip implant in India, there are currently no legal provisions to provide compensation to affected patients

October 22, 2018 / 07:24 PM IST
A Johnson & Johnson building is shown in Irvine, California, U.S., January 24, 2017.   REUTERS/Mike Blake - RTSX63U

A Johnson & Johnson building is shown in Irvine, California, U.S., January 24, 2017. REUTERS/Mike Blake - RTSX63U

Patients who were implanted with Johnson & Johnson's alleged faulty ASR hip implant say they haven't received any communication from the government so far on the quantum of compensation.

Various publications had reported earlier that a formula was devised to ensure affected patients get a compensation of between Rs 33 lakh and Rs 1.2 crore.

A group of 35 patients, in a letter to Union Health Minister JP Nadda, asked the government to come clear on the compensation norms through an official statement.

"We would like to reiterate our concerns regarding the lack of transparency and patient consultation in the compensation process, including lack of information being made available regarding the process of compensation deliberations of the RK Arya Committee and the formulation of compensation norms," the patients said in the letter.

The letter, seen by Moneycontrol, was sent on October 21.

The patient group said it was unclear how the compensation formula was decided, more so without consulting the patients.

They said the authorities needed to understand the pain and misery suffered by the patients because of the faulty implants, while arriving at the formula.

"We therefore request an official clarification about the proposed compensation mentioned in the aforementioned media reports and the details of the formula being considered, if such a proposal exists," the group wrote.

J&J has been criticized for failing to pay any compensation for its faulty hip implant in India, although it had agreed to pay hefty damages of $2.5 billion to around 8,000 US citizens, who had sued the company after receiving the implants.

Around 4,700 ASR surgeries were carried out in India between 2004 and 2010. However, only 1,080 patients could be traced through the company's helpline.

The group also sought clarity on J&J's engagement with the RK Arya Committee and its role in determining the compensation.

Expert committee

There are currently no specific legal provisions to provide compensation to the affected patients.

The government in September constituted a five-member Central Expert Committee to determine the quantum of compensation to be given to patients who received "faulty" hip implants manufactured by DePuy International, a subsidiary of Johnson and Johnson.

The five-member panel is headed by RK Arya, Director, Sports Injury Centre, Safdarjung Hospital.

Earlier, a committee headed by Dr Arun Agarwal was formed by the government to look into complaints of faulty implants.

The committee stated in its report that the ASR hip implants manufactured by J&J's subsidiary DePuy were found to be faulty, which resulted in higher instances of revision surgeries.

The committee recommended that DePuy International be made liable to pay at least Rs 20 lakh to each affected patient, and that the reimbursement for revision surgeries should continue until August 2025.

Viswanath Pilla
Viswanath Pilla is a business journalist with 14 years of reporting experience. Based in Mumbai, Pilla covers pharma, healthcare and infrastructure sectors for Moneycontrol.
first published: Oct 22, 2018 10:43 am

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