Asia & Australia

December 17, 2018

Delhi HC refuses to grant immediate relief to J&J


On December 13, Justice Vibhu Bakhru of the Delhi High Court refused to grant any immediate relief to Johnson and Johnson (J&J), which had challenged at the court a central government directive to compensate patients affected by its faulty hip implants.

Justice Bakhru observed that it would not be ‘apposite’ to pass any orders in the matter when the issue related to the compensation was pending before the Supreme Court.

On the other hand, J&J stated that it had not received any notice by the top court and that it was not aware of any orders passed by the apex court.

In response, disagreeing with J&J’s statement, the HC said, "Now you know the matter is there in Supreme Court. Take appropriate steps"

Requesting the HC to intervene in the matter, J&J stated that it was never given a chance to appear before the central expert panel, which created the formula to compensate patients who received the "faulty" hip implants produced by J&J's subsidiary, DePuy Orthopaedics Inc (USA).

The HC then said, "Some matters are important and some are urgent. Unfortunately, this does not fall under either of the two categories."

Thereafter, Centre’s Standing Counsel Gaurang Kanth stated that the SC was seized of the issue in which J&J was also a party. Kanth further added that the report of the expert committee had already been placed before the SC.

The high court thus concluded, "In view of the above, the court does not think it apposite to pass any orders at this stage. Further consideration of the petition is deferred to await outcome of the proceedings in the Supreme Court."

The court then listed the matter for further hearing on February 26, 2019.

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