The Delhi High Court on Monday sought a response of the Centre on a plea by Johnson and Johnson challenging the orders by which it was directed to pay compensation to patients who received faulty hip implants made by the company.

Justice Vibhu Bakhru issued notice to the Centre on the petition and orally asked authorities not to take any steps against the firm till the next date of hearing. The company also informed the court that it was willing to pay Rs 25 lakh as compensation to the patients who were affected by its hip implants.

Senior advocate Sandeep Sethi, appearing for the company, contended that the Centre has no jurisdiction under the Drugs and Cosmetics Act to fix and enforce the compensation.

The court asked the Centre, represented through central government standing counsel B S Shukla and Amit Mahajan, to seek instructions on the plea and the company’s offer of Rs 25 lakh compensation and listed the matter for further hearing on May 2.

The company has challenged the March 8 and March 28 orders of the Centre by which it has arrived at a compensation formula and asked the firm to abide by it. It has sought a stay on the Centre’s two orders. It has also challenged the report of the expert committee -- headed by R K Arya, Director, Sports Injury Centre -- which worked out the compensation formula.

Besides, it has also sought quashing of the report of another committee -- headed by Arun Agarwal, Professor of ENT, Maulana Azad Medical College -- which was appointed by the Health Ministry for looking into the allegations of faulty hip replacement implants.

According to the Arya committee report, compensation payable to patients would be determined in terms of the disability by the faulty hip implants in relation to their age.

Those between 20 and 35 years would get a compensation between Rs 58.08 lakh and Rs 49.66 lakh for 20 to 30 per cent disability; Rs 77.63 lakh to Rs 69.41 lakh for 30 to 40 pre cent disability; Rs 100.17 lakh to 89.32 lakh for 40 to 50 per cent disability and Rs 122.71 lakh to Rs 109.15 lakh over 60 per cent disability, the press release had stated.

It has said those between 35 and 60 years will get a compensation between Rs 49.66 lakh and Rs 33.63 lakh for 30 per cent disability; Rs 69.49 lakh to Rs 44.45 lakh for 30 to 40 pre cent disability, Rs 89.32 lakh to Rs 57.26 lakh for 40 to 50 per cent disability and Rs 109.15 lakh to 69.08 lakh for over 60 per cent disability.

Those above 65 years will get compensation of 30 lakh for 20 to 30 per cent disability, Rs 40 lakh for 30 to 40 per cent ability, Rs 50 lakh for 40 to 50 per cent and 60 lakh for over 60 per cent disability, it had said.

 The pharma major had earlier told the court that as a result of the press release, people are “landing at its doorstep” for compensation and contended that the government’s public announcement was made without any legal basis.

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