Hip implants: National Consumer Commission directs Johnson and Johnson to pay Rs 35 lakh each to 4 complainants

The ASR XL Acetabular System and ASR Resurfacing metal-on-metal implants were voluntarily recalled globally successful 2010. Along with paying for revision surgeries of the victims, the steadfast had besides voluntarily paid Rs 25 lakh each to each those impacted by its faulty implants, according to tribunal records.

In 2018, The Indian Express reported that the Indian limb of Johnson & Johnson “suppressed” cardinal facts connected the harmful aftermath of surgeries conducted connected patients utilizing hep replacement systems it imported and sold. These findings formed the halfway of a study prepared by an adept committee acceptable up by the Union Health Ministry to analyse complaints connected the hep implant devices sold by the steadfast successful India.

In 2012, Jennifer Bharucha filed a plea connected behalf of her mother, Daisy, seeking compensation, stating that her parent had to acquisition respective revision surgeries owed to the hep implant, authorities the tribunal records. As per immoderate studies, astir a 4th of patients had to acquisition revision surgeries.

Mumbai-based Daisy underwent her archetypal hep replacement successful 2007. Four years later, aft cracking sounds astatine each measurement and terrible pain, she underwent her revision surgery. She passed distant connected April 29, 2014. In her case, NCDRC noted that lesions successful the cerebral achromatic substance that resulted successful a encephalon tumour were caused by the implants. “All these ailments had causal transportation with excessive cobalt and chromium released from metal-on-metal ASR hep implant,” it observed.

Usha, from Noida, was 52 astatine the clip of the archetypal country successful April 2009. After facing superior discomfort, she had her revision country 4 years later.

Purushotham, whose car collided with a motortruck connected March 20, 2006, was taken to Poona Hospital and Research Centre successful Pune aft helium sustained assorted injuries. In June of 2008, helium underwent a afloat hep replacement surgery.

Lalita from Ahmedabad had undergone her archetypal country successful mid-2007. In January 2008, she started feeling utmost pain, discomfort, and trouble successful question successful the hep region. She sought compensation of Rs 107.52 crore.

J&J argued that it had supplied the “information for use” to hospitals and surgeons. It besides said successful its defence that its hep implants were not defective 85% of the clip and had nary broadside effects.

The steadfast besides submitted that arsenic per Section 14(1)(d) of the Consumer Protection Act (1986), astatine astir an bid for the replacement of the defective goods tin beryllium passed. It said it had already reimbursed the revision country expenses. No grounds was provided to amusement patients faced a monetary nonaccomplishment amounting to crores, it said.

Rejecting these arguments, the NCDRC directed the pharmaceutical steadfast to wage Rs 35 lakh (inclusive of the Rs 25 lakh already paid).