Government okays compensation formula for Johnson and Johnson faulty hip implant patients

NEW DELHI: The Centre has approved a formula for determining compensation for those who had received faulty Articular Surface Replacement (ASR) hip implants manufactured by DePuy Johnson and Johnson Pvt Ltd, the Ministry of Health and Family Welfare said on Thursday.

According to a statement issued by the ministry, patients who had received faulty hip implants prior to August, 2010 will be eligible for the compensation.

“An expert committee was constituted by the Ministry under the Chairmanship of Dr. Arun Kumar Agarwal, Ex-Dean and Professor of ENT, Maulana Azad Medical College, New Delhi to examine the issues relating to faulty ASR Hip Implants. The committee, after detailed examination of the issue, submitted its report along with its final recommendation. The report was accepted by the central government,” it said in a statement.

Based on the recommendations, the government had constituted a Central Expert Committee (CEC) under the Chairmanship of Dr. R.K. Arya, Director, Sports Injury Centre to determine the quantum of compensation earlier this year.

“All the states/UTs have also been requested by the Ministry to form state level committees to examine the affected patients and make the process less arduous for the patients. These committees would send their recommendations to the central committee,” it added.

The ministry has decided to disburse the money considering three factors which includes base amount (B) which has been decided Rs 20,000, risk factor disability (R), age factor (F) along with Rs 10 lakh for non-pecuniary damages.

Governments had also been requested to make people aware through newspaper advertisements so that they may approach either the Central Expert Committee or the State Level Committee.

The ministry noted that the compensation will be paid in a time-bound manner through bank accounts of affected persons by Johnson and Johnson.