The plea also sought the appointment of a special investigation team (SIT) to oversee effective measures for the implementation of immediate action against the implants and asked for directions to the government to advertise across India about the recall of the faulty implants.
“I am not satisfied with the action initiated by the government so far. Hence, I decided to approach the court," Goenka said.
Goenka, in his plea, asked the court to direct the government to take action against officials who had issued a certificate to the multinational firms for selling the faulty product without any clinical trial.
Goenka’s 90-year-old mother died in March because of “serious complications that occurred following the hip implant surgery in 2007", the petitioner claimed.
The device in question was manufactured by DePuy Orthopaedics Inc, a wholly owned subsidiary of the $76.4 billion J&J, which is represented in India by the unlisted Johnson and Johnson Pvt. Ltd.
At present, there are no specific legal provisions to provide compensation to patients in such cases.
In August, the government constituted an expert committee and asked states to form separate panels to determine the quantum of compensation in an 8-year-old case of patients undergoing corrective surgery after being fitted with “faulty" hip implants sold by J&J.
The committee consists of five members and is chaired by R.K. Arya, director of Safdarjung Hospital’s sports injury centre.
In 2017, the health ministry had formed an expert committee under the chairmanship of Arun Agarwal, former dean of Maulana Azad Medical College, which suggested a compensation of at least ₹ 20 lakh be paid to each patient.
The state level committees, the panel said, would evaluate the claims made by patients. The compensation will be decided by the central committee on the basis of the base amount and loss of wages.
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