J&J told to pay Rs 74.5 lakh as compensation

The Central Drugs Standards and Control Organisation (CDSCO) has asked the pharmaceutical major Johnson and Johnson (J&J) to cough up Rs 74.5 lakh as compensation to the first Indian victim of the faulty hip implants manufactured by the multinational company.

The CDSCO officials kept the identity of the beneficiary confidential. “We shouldn’t disclose the name of the patient,” S Eswara Reddy, Drugs Controller General of India told DH.

J&J have been asked to pay the compensation within one month and notify the CDSCO.

Nearly 4,700 Indians received the faulty hip implants — produced by DePuy International Limited, a subsidiary of J&J — between 2004 and 2010.

The flawed ‘ASR XL Acetabular Hip System’ and ‘ASR Hip Resurfacing System’ were recalled from the Indian market in August 2010 after the product’s global recall, but hundreds of recipients of the flawed implants were left in the lurch.

Once the plight of these patients came to the light last year, two expert panels were formed by the Union Health Ministry to examine the cases. Several other committees were set up by the central and state authorities to determine the quanta of compensation.

The case of one such patient from Maharashtra was first examined by a state-level committee that subsequently forwarded their recommendation to a central expert panel, along with documents like disability certificate issued by the medical authority, Mumbai.

“The Central Expert Committee after examining the documents as well as the recommendation of the state-level committee is of the considered opinion that the patient implanted with faulty ASR hip implant on both hips and subsequent revision of left hip is entitled for financial compensation. As per the formula, the committee has recommended for compensation of Rupees 74,57,180 to the patient,” CDSCO said in a statement.

The compensation is the first one to be awarded to more than 4,000 Indian patients, who either underwent the faulty hip implant and subsequent correction surgeries or have someone from the family who suffered the agony and pain.