Mumbai: Following the National Consumer Dispute Redressal Commission's (NCDRC) judgment in the case of businessman Purshottam Lohia versus Johnson & Johnson Ltd reported by FPJ on September 17 a UK-based laboratory involved in the investigation of the faulty medical implants has reached out to this newspaper seeking details.
The Explant lab, which had been instrumental in presenting evidence in court, emphasized the need for those affected by the defective implants to seek legal recourse.
Purshottam Lohia, a Pune-based businessman, filed a Rs 5 crore claim after suffering severe physical and mental trauma from a faulty hip implant manufactured by DePuy Orthopaedics Inc., a subsidiary of Johnson & Johnson. The defective product, known as the ASR XL Femoral Implant, had been recalled globally in 2010 due to high failure rates, yet Lohia had not received any compensation despite enduring significant pain and multiple surgeries.
The UK-based official, who spoke to the Free Press Journal (FPJ), highlighted their involvement with the ASR issue since 2010, when investigations into the product’s failures began. They lamented the fact that it took until 2018 for an Indian victim like Lohia to file a case, and in 2024 did the NCDRC passed the verdict.
The NCDRC’s ruling in favor of Lohia was significantly influenced by an Expert Committee report, which confirmed that the ASR XL implants were defective, causing serious health issues due to the release of toxic metal ions into the body.
Despite Johnson & Johnson’s attempts to challenge the findings, the commission held the company liable for the faulty products, awarding Lohia Rs 35 lakh in compensation—a figure far short of his Rs 5 crore claim but a major victory nonetheless.
Lohia’s case stemmed from a 2006 accident that led to his hip replacement surgery in 2008 at the Poona Hospital and Research Centre. The surgery involved the implantation of the faulty ASR XL Femoral Implant.
In 2010, Johnson & Johnson issued a global recall of the product, but Lohia was not compensated for the severe complications he faced. After enduring years of pain, he underwent a revision surgery in 2017, yet his physical condition continues to impact his personal and professional life.
The NCDRC’s ruling, based on expert findings that the implant’s faulty design led to tissue damage and necessitated revision surgeries, has set a precedent for similar cases in India.
The judgment emphasized that all patients who have undergone revision surgeries due to the defective ASR implant are entitled to compensation, potentially opening the door for many more victims to come forward.
As the UK-based laboratory continues to work with legal teams around the world, their call for action has resonated with many in India, where awareness about medical device recalls and compensation has been awarded.