Faulty J&J hip implants: Maharashtra receives 7 more applications for compensation

The total number of compensation claims by such patients in Maharashtra has reached 37. The committee, however, has estimated that nearly 400 patients received the defective J&J implants and could be eligible for compensations.

The state committee, set up to identify patients who received faulty articular surface replacement (ASR) hip implants made by pharmaceutical giant Johnson & Johnson (J&J), in April received seven new applications from patients who claimed to have received faulty implants.

Security guards stand outside the office of Johnson & Johnson in Mumbai. (Reuters File)

With this, the total number of such patient claims in Maharashtra has reached 37. The committee, however, has estimated that nearly 400 patients received the defective J&J implants and could be eligible for compensations.

“So far we forwarded two applications to the central committee which will decide the compensation amount. We will soon send seven more applications to the centre,” said Dr Shivraj Ingole, member of the committee and professor, radiology, Sir JJ Hospital, Byculla.

Meanwhile, review of new applications is taking time as most of the Food and Drug Administration (FDA) staffers responsible for collecting surgery-related documents are busy with election duty. “We are currently understaffed as officials have been put on election duty. We will review the new applications after elections,” said another state committee member.

Patients seeking compensation for faulty implants need to submit disability certificates and discharge summaries which contain barcode details of the implant. The faulty ASR hip implants, manufactured by DePuy International Limited, a subsidiary of J&J Pvt Ltd, were recalled globally in 2010 after reports of more revision surgeries than usual.

All patients who underwent ASR replacement surgeries between 2003 and 2010 and faced health complications are eligible for compensation.

“It is not surprising that more patients in Maharashtra are applying for compensation as the committee is has been proactively inviting patients. Having said that, there are still a lot of unidentified patients who need to be traced,” said Malini Aisola of All India Drugs Action Network (AIDAN).

Meanwhile, J&J has legally challenged the Centre’s mechanism of deciding the compensation amount. In addition, it also challenged the centre’s order to pay a compensation of ₹65 lakh and ₹74 lakh respectively, to two patients affected by its faulty hip implants. However, on April 9, the Delhi high court refused to stay the government order. A J&J spokesperson said the matter is under judicial consideration and therefore prohibited from public discussion.