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The PIL filed in the top court by Arun Kumar Goenka, who seeked protection of the Fundamental Rights under Article 21 of around 15,000 patients who had undergone hip implant surgeries since 2005. The PIL was filed by lawyer Vivek Narayan Sharma after an report was published by leading newspaper exposing the sufferings of people who had to undergo revision surgeries.To ensure effective measures for the implementation of immediate action against the implants the petition also sought formation of SIT.
The central govt in year 2017 formed a committee to look into the problems suffered by victims of faulty Hip Implant produced and distributed Johnson & Johnson Indian subsidiary Depuy Orthopaedics INC, collectively.
The court in its 5th October 2018 order directed the Union Ministry of Health and Family Welfare to submit its report within 2 months on the actions taken by the expert committee formed which found Johnson & Johnson guilty of "medical negligence".
The centre submitted its compensation scheme which provides compensation between Rs. 3 lakhs to Rs. 1.22 crores to the victims of faulty hip implants. Considering the compensation schemethe Supreme Court on Friday disposed off the PIL alleging "faulty" and "deadly" hip implants manufactured by Johnson and Johnson. The PIL claimed to have around 15,000 patients in whose bodies such implants have been fitted.
The court also directed the central govt to do publicity of the scheme so as to ensure more victims can take benefits of the scheme proposed.
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