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Indian Government Delays J & J Faulty Hip Implant Payouts

Patients affected by the faulty hip implants, seeks government to consider them in the compensation-fixing process
BY BEx Bureau
BusinessEx
Dec 26, 2018

The Indian government has halted Johnson Johnson Compensation formula as many patients have complained about not considering them while fixing the compensation. Complaints from the patients have additionally precipitated in delaying the compensation process. As a result, the government has asked the expert committee to reconsider representations from stakeholders. The concerned committee will likely hold separate discussions with the parties and thereafter, frame the final compensation. "The health ministry has asked the committee headed home Dr R K Arya to hold meetings with patients as well as JJ and hear their views. If required, the committee may revise the formula which was fixed earlier, the official said. (Source: ET)

In November, the Health Ministry had approved the Compensation Formula which comprises of a combination of the patient's age, level of disability due to the implant, and a base compensation of Rs 20 lakh. (source: ET)

The compensation amount has been scaled to the range of Rs. 30 lakh to Rs. 1.23 crore for the affected patients who have adversely suffered by the faulty implants from Johnson Johnson Company. Almost 250 patients had written to the respective state expert committees seeking compensation. Further, a group wrote to the Health Minister J P Nadda stating, Any process relying on this formula will not be able to deliver just and fair compensation to patients and their families, defeating the purpose of the exercise." ( source: ET)

Earlier this month, J J Company challenged the governments order to pay-out the compensation by filing a suit against the regime in Delhi High Court. Meanwhile, the Health Ministry has also approached the apex court so as to intervene in the issue.



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