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J&J asked to pay Rs 74.5 lakh to first patient with faulty hip implant

CDSCO has directed the compensation to be paid within 30 days from the date of receipt of the order

Press Trust of India  |  New Delhi 

johnson & johnson

Based on the recommendations of the and the state-level committee, the (CDSCO) has directed to pay Rs 74,57,180 to the first patient from who received faulty made by the company.

This is the first case where M/s has been directed to pay compensation for its faulty manufactured and imported by M/s International Limited (now Pvt Ltd).

The CDSCO has directed the compensation to be paid within 30 days from the date of receipt of the order.

In November last year, the Ministry approved a formula for determination of compensation for patients who had received, prior to August 2010, manufactured by International Limited, U.K of J&J.

According to the formula, thousands of patients implanted with US pharmaceutical Johnson and Johnson's (J&J) articular surface replacement (ASR) hip were to be compensated between Rs 30 lakh to Rs 1.23 crore.

The had forwarded their recommendation to the along with various documents including the disability certificate issued by the Medical Authority, Mumbai, for further necessary action.

The recommendations received from the were examined by the in it meeting held on March 8.

"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 on both hips and subsequent revision of left hip, is entitled for the financial compensation as per the formula.

"As per the formula, the central expert committee has recommended for payment compensation of Rupees 74,57,180 to the patient. Based on the recommendations of the central expert committee and the state-level committee, CDSCO has issued direction on March 8 to M/s Pvt. Ltd to pay Rs 74,57,180 to the patient," a statement issued by CDSCO stated.

The company J&J recalled the in 2010 globally after studies red-flagged the high rate of revision

The government in 2017 constituted the central expert panel to investigate the complaints about ASR hip devices.

The committee headed by Dr Arun Kumar Agarwal, Ex-Dean and Professor of ENT, Medical College stated the "suppressed" facts on the harm of afterwards which was conducted on patients in using "faulty" systems and recommended that they should be compensated.

Following this in October 2018, the government had constituted the five-member central expert committee to determine the quantum of compensation to be given to the patients which submitted the formula.

First Published: Sun, March 10 2019. 21:50 IST