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Last Updated : Sep 16, 2018 12:46 PM IST | Source:

Patients of J&J's faulty hip implant demand seat on expert panel to fix compensation

The demand comes at a time when the Central committee, being set up for compensation, is likely to meet for the first time on September 18.

Viswanath Pilla @viswanath_pilla

Viswanath Pilla
Moneycontrol News

Patients and families affected by Johnson & Johnson’s faulty ASR hip implants have asked the government to involve them in the process of ascertaining responsibility and fixing a quantum of compensation.

The demand comes at a time when the Central committee, being set up for compensation, is likely to meet for the first time on September 18.

The Central government has constituted a five-member Central expert committee to recommend the quantum of compensation for patients who suffered from Johnson & Johnson’s faulty hip implants.

People who are affected by ASR implant are concerned due to the lack of any consultation with patients.

“What are the checks or balances on the working of the committees? What is the guarantee that the committees will be fair, just, equitable and reasonable in determining compensation?” said Vijay Vojhala, who had his initial surgery in 2008 and the revision in 2012.

“We need patient representation on any committee that is set up (for this purpose),” said Vojhala.

The patient group, who met in Delhi, have demanded a compensation for all 4,000 patients operated with ASR implants, irrespective of injury.

The committee was formed based on the recommendations of an 11-member expert committee headed by Dr Arun Agarwal that examined issues related to Johnson & Johnson’s faulty ASR hip implants.

The report of the committee was made public last month by the government after sitting on it for over six months.

The report recommended, among other things, compensation for patients of the ASR implants.

“Compensation should be based on physical, mental, social and economic harm faced by patients. Not only on the basis of physical medical criteria. It is critically important that patients, their representatives and a psychologist are part of the committee and their voices should be heard,” said Kabbir Chandhok, who has undergone several ASR implants in the past seven years and continues to suffer severely from complications after multiple revision surgeries.

The patients also demanded that if the company refuses, the government should provide the compensation as it was not responsive to the safety concerns associated with the device. They claim that the government did not take immediate steps to order a mandatory recall, cancel the license and delayed initiating any measures to benefit the patients.

“What the company has done in terms of knowingly provided harmful implants is a strict liability offence and criminal action should also be taken against all involved, including people in the government who failed to act against the use of such harmful implants,” said Malini Aisola of the All India Drug Action Network (AIDAN).
First Published on Sep 16, 2018 12:46 pm
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