Faulty implants: Health ministry, J&J likely to meet to discuss modalities of compensation

The move came after the company in a statement recently said it was seeking to work with the Indian government to develop an appropriate process for providing further support and compensation for patients in need

A meeting between senior officials of the Union health ministry and executives of Johnson and Johnson, embroiled in a controversy over its ‘faulty’ hip implants, to discuss the modalities of paying compensation to affected patients in India is likely to take place this week.

While sources in the Union health ministry said that the pharma giant has sought an appointment, the company when contacted indicated that it has “reached out to the ministry”. An expert panel, constituted earlier by the ministry to probe complaints about ‘faulty’ ASR hip implant devices, in its report, has said the pharma giant ‘suppressed’ facts on the harm of surgeries which was conducted on patients in India using ‘faulty’ hip replacement systems.

It had also suggested that the firm pay compensation of around INR 20 lakh to the affected patients. Some of the patients who had suffered due to faulty implants had questioned the panel’s recommendation of the paltry amount, saying it was like “rubbing salt on the wounds”.

A source in the ministry said, “They (firm) have sought an appointment with us. Although the date is not fixed, we will call a meeting this week. We will discuss the process of compensation. We will also hear suggestions given by them (firm).”

The ministry has already directed Johnson and Johnson to comply with all the recommendations of the expert panel while asserting that it is the responsibility of the firm to compensate all the patients. In a recent order communicated to the pharma giant, the ministry has said the company be made “liable” to pay adequate compensation commensurate with severity of pain, the resultant disability sufferings (both mental and physical) and with the loss of wages of each of the patients who had received articular surface replacement (ASR).

The ministry has also asked Johnson and Johnson to trace the remaining patients who received ASR but have not registered with the helpline, while also directing it to extend the ASR reimbursement programme which was being run by the firm till 2025.

Meanwhile, the company maintained that a voluntary recall doesn’t imply that the product is “faulty” nor does it imply that every patient who has received an ASR hip implant will necessarily have to undergo revision surgery.

“ASR continues to function well for many patients in India and around the world,” it said in a e-mail statement.