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DNA EXCLUSIVE: Four-member panel to fix relief for victims of faulty Johnson & Johnson hip implants

Johnson & Johnson is asked to pay Rs 20L to each recipient of such implants

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Amidst raging controversy over the supply of faulty hip implants by the multinational pharmaceutical company Johnson & Johnson (J&J), the Maharashtra government will soon set up a four-member committee to determine the quantum of compensation to be paid to the patients. The committee will consist of two orthopaedic surgeons, a radiologist from the government medical college and hospital, zonal or sub-zonal office representative of the Central Drugs Standard Control Organisation (CDSCO) and joint commissioner of the Foods & Drugs Administration (FDA).

CDSCO's missive to states with regard to the formation of the committee comes in the wake of a recommendation by an expert panel appointed by the union ministry of health and family welfare in this regard. The high-powered panel had examined the issues related to faulty hip implants manufactured and imported by J&J. CDSCO has already asked J&J to pay Rs 20 lakh towards interim compensation to the recipients of such implants, as recommended by the high-powered expert committee. The complaints about faulty implants relate to cases before 2010. Thereafter, J&J, through its subsidiary DePuy Orthopaedics, initiated a global recall of the product in August 2010 after it was found that a higher than the normal number of patients required revision surgeries.

A state government official told DNA, "The state government will soon establish a four-member committee and issue an advertisement so that affected patients can approach in the absence of no data in this regard. Patients will have an option to approach the central committee headed by Dr RK Arya, director of Sports Injury Centre of Safdarjung Hospital, New Delhi." He informed that eligibility for compensation will be determined based on the degree of disability, patient-facing monetary loss due to loss of wages and a few other aspects.

Former FDA commissioner Mahesh Zagde, who had initiated action against J&J by filing FIR in 2011, said, "We don't know how the quantum of compensation would be made available to all those patients who have suffered in the absence of a list of these patients with DCGI."

According to the government officials, patients implanted with J&J's ASR brand hip implant and more than one revision surgery performed and suffering from disability and those with ASR and suffering from any other systemic disorder wherein the casualty is established will also be entitled to the compensation.

COMPENSATION

  • According to the government officials, patients implanted with J&J’s ASR brand hip implant and more than one revision surgery performed and suffering from disability and those with ASR and suffering from any other systemic disorder wherein the casualty is established will also be entitled to the compensation.
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