MoHFW approves compensation formula for hip implant cases

The Ministry of Health & Family Welfare (MoHFW) approved formula for determination of compensation for those patients who had received (prior to August 2010) faulty articular surface replacement (ASR) hip implants manufactured by DePuy International Limited, U.K (Johnson & Johnson Pvt Ltd). 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. The report was accepted by the central government. Based on the recommendations, the government constituted a central expert committee under the chairmanship of Dr RK Arya, director, Sports Injury Centre to determine the quantum of compensation. All the state/UTs governments 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. All the state/UTs government had also been requested to make people aware through newspaper advertisements so that they may approach either central expert committee or state level committee. Dr RK Arya, chairman, central expert committee, after holding five meetings prepared a formula for determining compensation for the ASR victim patients. This reads as (B x R x F / 99.37) + Rs 10 lakh toward non-pecuniary damages; wherein B is the base amount (i.e., Rs 2,000,000), R is the risk factor-disability, and F is the age factor. The government has accepted the formula prepared by central expert committee, paving the way for patients to secure compensation from Johnson & Johnson Pvt Ltd in days to come. Compensation will be paid in a time bound manner through bank accounts of affected persons by Johnson & Johnson Pvt Ltd.