For now, pay Rs 25 lakh each in 4 faulty hip implant cases, HC tells J&J

The interim order came after J&J volunteered to pay Rs 25 lakh as compensation to the affected patients. The High Court was hearing J&J’s plea challenging the Centre’s formula for grant of compensation, including its decision directing the company to pay compensation to four affected patients.

Last month, the Central Drugs Standard Control Organisation (CDSCO) had asked J&J to pay Rs 65 lakh, Rs 74 lakh, Rs Rs 90 lakh and Rs 1 crore respectively to the four patients.

Senior advocate Sandeep Sethi, appearing for J&J, contended before the High Court that the payments will be made to the patients who had been verified as having undergone revision surgery. “If someone has not undergone surgery, then they are not entitled to get the compensation,” he said.

He said that J&J, after a verification process, had identified a certain number of patients eligible to receive compensation. He said about 250 patients were listed but their papers were still to be verified.

(Illustration: Suvajit Dey)

The Centre’s standing counsel Amit Mahajan countered the J&J claim, saying there were over 400 such patients and J&J needed to pay all of them.

Sethi said the CDSCO should be asked to share the documents on the basis of which they were claiming these numbers.

The High Court directed J&J to furnish a list of such patients and also directed the CDSCO to share the details of all claimants before it.