J&J ASR implant patients to receive Rs 30 lakhs to Rs 1.23 cr compensation

Thousands of patients implanted with US pharma major Johnson and Johnson's (J&J) Articular Surface Replacement (ASR) hip implant will be compensated between Rs 30 lakh to Rs 1.23 crore, Union Health Ministry stated. 

The Ministry approved formula for determination of compensation for patients who had received, prior to August 2010, ASR hip implants manufactured by DePuy International Limited, U.K of J&J.

Compensation Formula

While a base compensation of Rs 20 lakhs was recommended by the expert committee in a report, the compensation has been enhanced keeping in mind the percentage of disability and age of the patient. Also, Rs 10 lakh will additionally be paid towards non-pecuniary damages, the release states. 

The range of patient's disability varies between 20 to 30 per cent, 30 to 40 per cent, 40 to 50 per cent, and that of 50 per cent and above. The compensation varies for persons of ages between 16 to 65 and beyond. Lesser the age and more the percentage of disability in the patient, more the compensation.

For example, a 20 year old patient with a disability of 50 per cent and beyond will receive a compensation of Rs 1.23 crore.  Similarly, a person who is 65 years and above but has 20 to 30 per cent of disability will receive Rs 30 lakhs. 

The Ministry stated that J&J has agreed to pay the compensation and same will be transferred to the patients' bank accounts in a time bound fashion. An estimated close to 4,000 patients had received the ASR implant between 2006-2010, but only close to 1,000 patients have registered on the J&J helpline. 

The Expert Committee

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 and was accepted by the Central Government.

Based on the recommendations, the Government constituted a Central Expert Committee under the Chairmanship of RK Arya, Director, Sports Injury Centre to determine the quantum of compensation. All the States and Union Territories have also been requested by the Ministry to form State Level Committees to examine the effected patients within the respective states and to make the process less arduous for the patients. These committees would send their recommendations to the Central Committee.

RK Arya, Chairman, Central Expert Committee after holding five meetings prepared a formula for determining compensation for the ASR victim patients.