Faulty hip implants: Health ministry approves formula for compensation

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New Delhi: The Union Ministry of Health & Family Welfare on Friday approved a formula for determination of compensation for those patients who had received faulty Articular Surface Replacement (ASR) hip implants manufactured by M/s. DePuy International Limited, U.K.

The company was known as M/S Johnson & Johnson Pvt Ltd prior to August, 2010.

An expert committee was constituted by the Ministry under the Chairmanship of Dr. Arun Kumar Agarwal, Ex-Dean and Professor of ENT, Maulana Azad Medical College, New Delhi to examine the issues relating to faulty ASR Hip Implants.

The committee, after detailed examination of the issue, submitted its report along with its final recommendation. The report was accepted by the Central Government.

Based on the recommendations, the Government constituted a Central Expert Committee under the Chairmanship of Dr. R.K. Arya, Director, Sports Injury Centre to determine the quantum of compensation.

All the State/UTs Government have also been requested by the Ministry to form State Level Committees to examine the effected patients within the respective states and to make the process less arduous for the patients. These committees would send their recommendations to the Central Committee.

All the State/UTs Government had also been requested to make people aware through newspaper advertisements so that they may approach either Central Expert Committee or State Level Committee.

Dr. R.K. Arya, Chairman, Central Expert Committee after holding five meetings prepared a formula for determining compensation for the ASR victim patients.

The ministry has decided to disburse the money considering three factors which include the base amount which has been decided as Rs. 20 lakh, risk factor disability and age factor along with Rs 10 lakh for non-pecuniary damages.

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