A patient living a compromised life has been compared to an unskilled worker, in the expert committee report submitted to the Health Ministry in the faulty Johnson & Johnson (J&J) hip implant case.

The report has suggested that victims will draw a monthly interest compensation of merely ₹13,350 if the affected patient with permanent disability invests a base amount of ₹20 lakh in a fixed deposit, which accrues 7 per cent interest annually.

Victims consider this as “extremely insensitive”. Bengaluru-based M Lakshminarayanan (67 years) was prescribed a replacement for both his hips in 2006. Three months after his first surgery, in March 2007, he developed acute pain in his left hip and underwent a revision surgery, for which he was compensated by J&J.

His right hip, however, has a faulty transplant and he regularly undergoes blood tests for chromium and cobalt levels in his body, as the faulty transplant could leak metals in some patients.

Not on a par with the US

“I do not need monetary compensation. I am concerned about my health issues due to a faulty transplant. Even if we were to talk about compensation, in the US each patient was ordered to get $1 million (about ₹7 crore). J&J has set aside $3 billion in compensation. Compensation to Indians should be at par with the US,” Lakshminarayanan told Businessline.

The rationale given by the committee for compensation is also seen as insensitive. It says: “no amount of money can fill the void of patients, having to lead a restricted lifestyle with a compromised physical state and thus putting them in pain and agony through out their life, which will also have a bearing on their dependants apart from loss of work.”

Forty-four year-old Vijay Vojhala had an annual salary of a little over ₹10 lakh until five years ago. He was a product manager in a leading multinational company in Mumbai. After his revision surgery went wrong, 10 years ago, he suffered from metallosis, which leads to chromium and cobalt deposit in soft tissues of the body. He had to quit his job after he suffered from muscle weakness and gradual memory loss.

“I don’t even earn 10 per cent of what I earned in my job. My wife was forced to take up a job to support the family. My kids are in school and ₹13,350 does not even suffice for their monthly school fees. I am living at the mercy of my brother and sister to sustain the family,” Vojhala said.

Seeking justice

The buck now stops with the Health Ministry. “We want the Ministry to comment on the report. There is no mention of a criminal probe or legal asylum to the victims in the report,” he further said.

Meanwhile, the company has maintained that of 4,700 hip implant surgeries that were carried out, 882 patients could be traced with the helpline set up by the company, which account for 1,056 hip implant surgeries, while the rest of the patients remain untraceable.

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