J&J Asked to Pay Rs 1 Cr to Patient of Faulty Hip Transplant

Hip implant or replacement surgeries are done to replace the hip joint with a prosthetic joint.

(Photo: iStockphoto)

This is possibly the highest compensation for medical negligence in India. According to Live Mint, the Central Drugs Standard Control Organization (CDSCO) on Tuesday asked Johnson and Johnson Pvt. Ltd to pay over Rs 1 crore and Rs 90 lakh, to two patients from Uttar Pradesh who suffered due to faulty hip transplants made by DePuy Medical Pvt. Ltd, a subsidiary of J&J.

The committee that is looking into the matter regarding compensation sought by hundreds of patients who have suffered due to faulty implants, is headed by Dr RK Arya, director of sports injury centre at Delhi’s Safdarjung Hospital.

Previously, on April 9th, two patients from Maharashtra were awarded a compensation of Rs 65 and Rs 74 lakh each. J&J challenged the order saying they would pay only Rs 25 lakh.

The J&J Hip Transplant Story So Far

These cases came to light early 2018, when an investigation revealed that the Indian wing of Johnson & Johnson, the multinational pharmaceutical company, has been found to have hidden key facts about its faulty hip implants form the national regulatory body. It also “suppressed” facts about their adverse health impact, reported The Indian Express.

The conglomerate did not inform the national regulator about the number of surgeries conducted, the harmful health impacts of the surgery and the number of such corrective surgeries performed on the patients, according to the Express report.

The data was put together by the Ministry of Health and Family Welfare. The company was also accused of concealing the fact that the occurrence of the revision surgery was as high as 35 percent, as opposed to the 12 percent figure provided by them,

In addition to this, J&J has provided no compensation to the patients who suffered due to the faulty implants. This is in contrast with the $2.47 billion compensation that was paid to the patients in the US. However, the company equated “reimbursement with compensation”, the report further pointed out.

The expert committee’s report had suggested a compensation of Rs 20 lakhs. However, in a letter that the affected patients had sent to Health Minister JP Nadda, they called the amount “insult to injury”.

What Was Wrong With the Implants?

The same report had pointed out that the implants lead to higher levels of cobalt and chromium in the blood stream. This in turn leads to toxicity in the body, tissue damage and adverse effects on the body organs. Not only can all of this lead to several health problems, it also leads to an increase in pain and a decrease in mobility of the patient.