Legal Update

J&J told to pay Rs. 35L each as compensation to hip implant victims

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Following a seven-year legal battle, the National Consumer Disputes Redressal Commission (NCDRC) has awarded a compensation of Rs 35 lakh to a Pune businessman, for a faulty medical hip implant.

The businessman, Purshottam Lohia, had filed a claim of Rs 5 crore against Johnson & Johnson Ltd, citing the severe and lasting physical and mental trauma caused by a faulty medical implant manufactured by Johnson & Johnson subsidiary, DePuy Orthopaedics Inc. The NCDRC, however, awarded Rs 35 lakh in compensation, along with an additional Rs 1 lakh for mental agony. Since Johnson & Johnson had already paid Lohia Rs 25 lakh following orders from the Delhi High Court, which had directed the company to compensate patients who underwent revision surgeries due to the defective ASR XL implants, Lohia will receive the balance amount of Rs 10 lakh from the company.

The NCDRC judgment was influenced by the report of an expert committee (Arya Committee), which confirmed that the ASR XL implants were inherently defective and had caused serious health complications, including the release of toxic metal ions. Johnson & Johnson challenged the findings, but the committee held the company liable for the faulty product, marking a significant victory for Lohia and setting a precedent for other patients in India who suffered similar complications.

Lohia suffered an accident in 2006, following which he had to undergo a total hip replacement surgery in June 2008 at the Poona Hospital and Research Centre. The surgery involved the implantation of DePuy's ASR XL Femoral Implant and Taper Sleeve Adaptor. In August 2010, the company voluntarily recalled the product globally, acknowledging its high failure rates, which were causing severe pain and necessitating revision surgeries.