In multinational balance sheets, value placed on Indian lives has always been a bit lower when compared to their developed counterparts. Discuss the loopholes in the existing framework leading to this, in the light of Johnson & Johnson ASR implant case. (200 words)
Refer – The Hindu
Enrich the answers from other sources, if the question demands.
IAS Parliament 6 years
KEY POINTS
· DePuy, a subsidiary of Johnson & Johnson (J&J), engineered a hip replacement device that used metal in both the ball and the socket.
· Commonly called the “Articular Surface Replacement or ASR hip implant”, this device soon turned toxic, owing to the release of metal debris, resulting in inflammation, tissue damage and profound pain.
Loopholes
· There are no specific legal provisions in the existing Drugs and Cosmetics Act (DCA), 1940, and rules to provide compensation to the patients in such cases.
· The Act problematically presumes even a “device” to be a drug.
· It penalises all those who sell adulterated, spurious or sub-standard drugs.
· Public health experts say the legal compulsion for compensation can come through a court case invoking tort law, product liability law and consumer protection law.
· Unfortunately India does not have a body of well developed tort law and compensatory jurisprudence.
· India needs to send out a clear message to multinationals that the lives of Indian patients matter as much, if not more.
Tapasvi 6 years
Kindly review
IAS Parliament 6 years
DCA provisions are inadequate towards victim compensation. Keep writing.
