In a significant ruling, the National Consumer Disputes Redressal Commission (NCDRC) has mandated Johnson & Johnson Limited to pay Rs 35 lakh to a consumer, Purushotham Lohia, who experienced severe medical complications from a faulty hip replacement device.
The complaint centers around the DePuy’s Acetabular System Resurfacing (ASR XL) hip implant, which Lohia had implanted during a total hip replacement surgery. The device, known for its high failure rate and resultant severe injuries to patients, was voluntarily recalled by DePuy in September 2010, including the ASR XL Acetabular and ASR Hip Resurfacing systems.
Lohia’s plea highlighted that despite the recall, and after undergoing revision surgery in May 2017 for which Johnson & Johnson reimbursed Rs 25 lakh, he continued to suffer significant physical and professional impairments, including a persistent limp and pain. He originally sought compensation of Rs 5 crore for the damages incurred.
The NCDRC, presided over by Ram Surat Maurya and members Subhash Chandra and Inder Jit Singh, based its decision on findings from an expert committee set up by the Centre, as well as judgements from foreign courts, which concluded the implant was inherently defective due to its design. This defect led to increased levels of chromium and cobalt in patients, necessitating premature revision surgeries.
The commission’s order on September 3 declared, “All 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 caused by such implants.”
Concluding that Rs 35 lakh constitutes a “just and fair amount” for the minimum compensation, the NCDRC has directed Johnson & Johnson to make this payment to Lohia within two months, inclusive of the Rs 25 lakh already reimbursed as medical expenses.
