The government is unlikely to modify the formula approved in November last year to calculate the quantum of compensation to be awarded to patients fitted with Johnson and Johnson (J&J) Pvt. Ltd’s faulty hip implants.
The central committee that came up with the formula met J&J’s representatives and aggrieved patients following their displeasure over the formula. However, the central expert committee that met on 4 February is unlikely to revise the formula to accommodate the company’s perspective, said two people aware of the matter, requesting anonymity.
The centre started a fresh round of discussions on the compensation formula in January after J&J and a group of patients expressed concerns. Both the parties shared their views with the committee on 9 January.
The decision of the panel to not make any change in the formula is also prompted by the apex court verdict on 12 January accepting the centre’s compensation scheme for those who suffered from the faulty implants. A bench headed by Chief Justice Ranjan Gogoi also directed the centre to widely publicize an 11 September notice asking affected people to approach the panel to look into the compensation issue.
“The Supreme Court expressed its satisfaction on the steps that were being taken by the central government. Its verdict sealed everything. Therefore, there is no point in modifying the formula. We will have to see how to deliver so that patients can get their compensation and the process is started without any further delay," said one of the persons mentioned above.
The apex court had on 5 October sought the views of the centre’s expert committee on the faulty implants and had directed it to file its report within two months. This followed the filing of a PIL by Arun Kumar Goenka, a businessman, who urged the court to protect the fundamental rights of 14,525 patients, who had undergone the acetabular surface replacement hip implant surgeries since 2005.