FAULTY HIP IMPLANTS CASE (JOHNSON & JOHNSON PVT LTD.)

Arun Kumar Agarwal committee:

• An expert committee was constituted by the Health Ministry under the Chairmanship of Arun Kumar Agarwal, Ex-Dean and Professor of ENT, Maulana Azad Medical College, New Delhi to examine the issues relating to faulty Articular Surface Replacement (ASR) Hip Implants.
  
  
• The committee’s recommendation were accepted by the Central Government.
  
  

R.K. Arya Committee:

• Based on the recommendations, the Government constituted a Central Expert Committee under the Chairmanship of Dr. R.K. Arya, Director, Sports Injury Centre to determine the quantum of compensation.
  
  
• The committee prepared the following formula for determining compensation for the ASR victim patients –
  • (B x R x F)/99.37 + Rs 10 lakh towards non-pecuniary damages.
    
    
  • B is the base amount i.e., Rupees Twenty Lakh (Rs 20,00,000)
    
    
  • R is the Risk Factor-Disability
    
    
  • F is the Age Factor
    
    
  
  
  

Recent development:

• Now, the Government accepted the formula prepared by Central Expert Committee, paving the way for patients to secure compensation from M/S Johnson & Johnson Pvt Ltd in days to come.
  
  
• Compensation will be given to those patients who received (prior to August, 2010) faulty ASR hip implants manufactured by M/s. DePuy International Limited, U.K (M/S Johnson & Johnson Pvt Ltd).