According to a formula devised by a government panel of experts, Indian patients who suffered severe complications allegedly due to the faulty hip implants sold by Johnson and Johnson (J&J) might receive ₹1.2 crore each in compensation.
The formula is yet to be approved by the Indian Health Ministry. Two people aware of the development stated the compensation amount would vary between ₹33 lakh to ₹1.2 crore depending on the percentage of disability and age of the person. The expert committee suggested using the Indian Disability Evaluation and Assessment Scale (IDEAS) to assess and certify the disability in patients. According to statements from related people, if the disability is on a higher scale (40-45%) and the patient underwent hip surgery at a young age then the amount of compensation would increase. The amount would be increased after considering future expenses, disturbance of routine and mental agony. After the health ministry approves the formula, the compensation process would begin. This is the first attempt by the Indian government to compensate patients who suffered due to substandard treatment. About 100 individuals who were implanted with J&J's ASR hip implant have already approached the committee asking for compensation for their damages.
Many other manufacturers in the United States are also charged with lawsuits over complications related to ASR and Pinnacle hip implants. DePuy faces more than 20,000 lawsuits over complications related to their hip implants. About 28,000 lawsuits have been filed against various hip implant makers accusing defendants Zimmer, Stryker, Biomet, Wright, and Smith & Nephew of hiding health hazards of the defective hip implants.
