This article details a major ruling made by the National Consumer Disputes Redressal Commission (NCDRC) regarding payment to a patient who experienced health issues as a result of a Johnson & Johnson hip replacement prosthesis that went defective. The complainant, Purushotham Lohia, underwent total hip replacement surgery using the DePuy Acetabular System Resurfacing (ASR XL) hip implant. The NCDRC ordered Johnson & Johnson Limited to reimburse Purushotham Lohia Rs 35 lakh. Later on, it was discovered that the device was flawed, which led to difficulties and the need for revision surgery.
The case submitted by Lohia, who requested compensation of Rs 5 crore, served as the basis for the NCDRC’s ruling. He maintained that patients suffered serious harm from the hip implant due to its high failure rate. As a result, in September 2010, Johnson & Johnson’s subsidiary DePuy voluntarily recalled the ASR XL Acetabular and ASR Hip Resurfacing systems. Despite the fact that the firm paid back Rs 25 lakh for Lohia’s revision surgery in May 2017, he received no payment for other losses he endured, such as physical impairments and damage to his family.
The commission, which was made up of members Subhash Chandra, Inder Jit Singh, and presiding member Ram Surat Maurya, took note of the medical evidence that was presented in the case and confirmed that the ASR XL implant’s “inherently defective design” was the cause of serious complications like elevated levels of cobalt and chromium. For many individuals, this design defect resulted in the need for early revision procedures.
In light of rulings from overseas courts and an expert committee created by the federal government to investigate the problems surrounding ASR hip implants, the committee determined that the implant’s design was flawed. The NCDRC underlined that Johnson & Johnson was solely responsible for the flawed design, meaning that those impacted by the implant were entitled to compensation.
According to the commission, individuals who had to have early revision operations as a result of the ASR XL implant’s fault were entitled to a minimal amount of money. The NCDRC concluded that Rs 35 lakh was a reasonable and equitable sum for each patient impacted by the implant to get basic compensation. This sum includes the Rs 25 lakh that Lohia had previously received in reimbursement for medical costs.
Johnson & Johnson Limited was ordered by the judgment to reimburse the plaintiff for Rs 35 lakh within a fortnight. This case emphasizes the producers of medical devices’ responsibility for the efficacy and safety of their products as well as the rights of consumers to pursue damages for product flaws and medical malpractice.
SOURCE :
THE PRINT
