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Pitiless Cut: Blood money for a broken hip
The Economic Times· 2026-01-25 03:25
Core Viewpoint - The Supreme Court of India upheld a landmark verdict against Johnson & Johnson (J&J) for its faulty ASR hip implant, highlighting the disparity in compensation awarded to Indian patients compared to those in the US [8][10][12]. Company Accountability - J&J was found culpable for the defective ASR hip implant, which caused severe health issues, including metallosis, with a failure rate of 37% over five years and up to 40% in seven years in some countries [12][13]. - The company has faced thousands of lawsuits globally for misleading marketing and delaying alerts about the product's harmful effects [12][13]. Compensation Disparity - J&J has paid over $4 billion in settlements in the US, with an average compensation of $300,000 per affected patient, while Indian patients received significantly lower amounts, with the highest compensation being ₹35 lakh (approximately $42,000) ordered by the NCDRC [10][11][12]. - The compensation offered by J&J to Indian patients was a flat ₹25 lakh, which was criticized as inadequate compared to settlements in the US [10][13]. Legal Challenges - The Indian legal framework lacks provisions for punitive damages or expansive class action settlements, which has resulted in lower compensation for affected patients compared to those in the US [20][21][23]. - J&J challenged the Indian government's proposed compensation formula, which could have awarded between ₹30 lakh and ₹1.2 crore based on the severity of injuries [16][17]. Patient Advocacy - Health activists and legal experts have criticized the Indian judicial system for not providing adequate compensation and for the lengthy legal process that has left many patients without relief [18][22][23]. - There is a call for greater sensitivity and proactivity from the government and judiciary to address the needs of affected patients [22].