NCDRC fines J&J for faulty hip replacement device

New Delhi: The National Consumer Disputes Redressal Commission (NCDRC) has directed Johnson & Johnson to pay Rs 35 lakh to a consumer who suffered medical complications after being implanted with its faulty hip replacement device.

The commission comprising presiding member Ram Surat Maurya and members Subhash Chandra and Inder Jit Singh was hearing a complaint filed by Purushotham Lohia seeking a compensation of Rs 5 crore for the faulty device, the DePuy’s Acetabular System Resurfacing (ASR XL) hip implant.

According to Lohia, he underwent total hip replacement surgery with the ASR XL device.

But, as the device had a high rate of failure and caused severe injuries to the patients, DePuy voluntarily recalled two devices, ASR XL Acetabular and ASR Hip Resurfacing system in September 2010.

The opposite parties, Johnson & Johnson and DePuy Orthopaedics Inc were a group of companies of Johnson & Johnson, USA, a leader in the global orthopaedic industry, said Lohia’s plea.

It said that though the opposite parties reimbursed Rs 25 lakh for Lohia’s revision surgery, in May 2017, no compensation was paid for his losses.

"Even today the complainant walks with a noticeable limp and pain even after revision surgery and is not in a position to carry out his professional work. The family of the complainant also suffered trauma due to the negligence of the opposite party," the plea said.

In its order dated September 3, the NCDRC said that an expert committee, constituted by the Centre to examine the various issues about faulty ASR hip implants, and some judgements of foreign courts concluded that the implant was defective because of its design and that the company was strictly liable for the defective design.

Noting the medical evidence, it said that the "inherently defective design" of the devices resulted in various complications for the patients, such as increased levels of chromium and cobalt, necessitating premature revision surgeries.

"Hence, we are of the view that all such patients or complainants in India, who have used the ASR XL implant and have undergone revision surgeries prematurely, are entitled to a certain minimum or basic level of compensation, irrespective of the nature and extent of complications which such implants caused.

"We consider that Rs 35 lakh is a just and fair amount to be fixed as basic or minimum amount of compensation to each of the patient or complainant, who have used the implant in question and who had already undergone revision surgery at any time till the date of this order," the commission said.

It directed Johnson & Johnson to pay Rs 35 lakh, inclusive of Rs 25 lakh already reimbursed as medical expenses, to the complainant within two months.