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12/3/2018 Health Ministry approves compensation formula for Hip implant cases
Press Information Bureau
Government of India
Ministry of Health and Family Welfare
29-November-2018 21:59 IST
Health Ministry approves compensation formula for Hip implant cases
The Ministry of Health & Family Welfare, Government of India today approved formula for determination of compensation
for those patients who had received (prior to August, 2010) faulty Articular Surface Replacement (ASR) hip implants
manufactured by M/s. DePuy International Limited, U.K (M/S Johnson & Johnson Pvt Ltd).
An expert committee was constituted by the Ministry under the Chairmanship of Dr. Arun Kumar Agarwal, Ex-Dean and
Professor of ENT, Maulana Azad Medical College, New Delhi to examine the issues relating to faulty ASR Hip Implants.
The committee, after detailed examination of the issue, submitted its report alongwith its final recommendation. The report
was accepted by the Central Government.
Based on the recommendations, the Government constituted a Central Expert Committee under the Chairmanship of Dr.
R.K. Arya, Director, Sports Injury Centre to determine the quantum of compensation. All the State/UTs Government have
also been requested by the Ministry to form State Level Committees to examine the effected patients within the respective
states and to make the process less arduous for the patients. These committees would send their recommendations to the
Central Committee.
All the State/UTs Government had also been requested to make people aware through newspaper advertisements so that they
may approach either Central Expert Committee or State Level Committee.
Dr. R.K. Arya, Chairman, Central Expert Committee after holding five meetings prepared a formula for determining
compensation for the ASR victim patients. This reads as
B x R x F + Rs 10 lakh towards non-pecuniary damages.
99.37
B is the base amount i.e., Rupees Twenty Lakh (Rs 20,00,000)
R is the Risk Factor-Disability
F is the Age Factor
Risk Factor (R )
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Percentage Disability Risk factor to be assigned
20% - 30% 1
30% - 40% 1.5
40% - 50% 2
50% & above 2.5
Age Factor (F)
Age Factor
16 228.54
17 227.49
18 226.38
19 225.22
20 224.00
21 222.71
22 221.37
23 219.95
24 218.47
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25 216.91
26 215.28
27 213.57
28 211.79
29 209.92
30 207.98
31 205.95
32 203.85
33 201.66
34 199.40
35 197.06
36 194.64
37 192.14
38 189.56
39 186.90
40 184.17
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41 181.37
42 178.49
43 175.54
44 172.52
45 169.44
46 166.29
47 163.07
48 159.80
49 156.47
50 153.09
51 149.67
52 146.20
53 142.68
54 139.13
55 135.56
56 131.95
57 128.33
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58 124.70
59 121.05
60 117.41
61 113.77
62 110.14
63 106.52
64 102.93
65 & more 99.37
For easy understanding of the patients, illustrative cases of the amount of compensation payable to the patients with ASR
Hip implant with disability in relation to their Age and Percentage Disability would work out as below:
Compensation Compensation Compensation
Age Compensation
Amount (in Amount (in Amount (in
Factor as Amount (in lakhs)
lakhs) for lakhs) for lakhs) for
per for Disability50%
Age Disability 20- Disability 30- Disability 40-
Clinical above
30% 40% 50%
Trial
(Risk Factor 2.5)
Formula
(Risk Factor 1) (Risk Factor 1.5) (Risk Factor 2)
20 224.00 55.08 77.63 100.17 122.71
25 216.91 53.66 75.49 97.31 119.14
30 207.98 51.86 72.79 93.72 114.65
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35 197.06 49.66 69.49 89.32 109.15
40 184.17 47.07 65.60 84.14 102.67
45 169.44 44.10 61.15 78.21 95.26
50 153.09 40.81 56.22 71.62 87.03
55 135.56 37.28 50.93 64.57 78.21
60 117.41 33.63 45.45 57.26 69.08
65 & above 99.37 30.00 40.00 50.00 60.00
The Government today accepted the formula prepared by Central Expert Committee, paving the way for patients to secure
compensation from M/S Johnson & Johnson Pvt Ltd in days to come. Compensation will be paid in a time bound manner
through bank accounts of affected persons by M/S Johnson & Johnson Pvt Ltd.
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MV/SK
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