On Thursday, the Delhi High Court was informed by the Johnson and Johnson that it was not withholding payment to those patients who underwent revision surgeries for allegedly faulty hip implants made by the company and more than the interim compensation of Rs. 25 lakh.

The company was responding to an inquiry made by Justice Vibhu Bakhru that what the company was doing in cases where patients need more than Rs. 25 lakh. “We are paying everyone,” Johnson and Johnson told the court.

The central government told the court that the company gave compensation to only 67 patients out of the over 4,700 persons who underwent a wrong articular surface replacement (ASR) hip implants.

However, the allegation of the government was opposed by the company which claimed that it had paid more than 67 people. The company as proof will also be providing a list of the patients who have been given the interim compensation.

On May 30, the court asked the company to pay interim compensation to 67 patients following the Johnson and Johnson said it has checked that they had undergone revision surgery and it was voluntary paying them Rs. 25 lakh.

The company claimed that the compensation depends on a formula and reports by a set of expert committees and recommendations which have already been challenged in the high court. 

Additionally, it challenged the report of the expert committee, headed by R K Arya, Director, Sports Injury Centre — which worked out the compensation formula. Another report of a second committee headed by Arun Agarwal, Professor of ENT, Maulana Azad Medical College alleging faulty hip replacement implants was squashed by the company.

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