DePuy Unloaded ASR Hip Implant Inventory before Recall was Initiated |

DePuy Unloaded ASR Hip Implant Inventory before Recall was Initiated

DePuy Unloads ASR Hip Implant Inventory After Problems Were Known (BlogInjury)

In 2009 after the U.S. Food and Drug Administration raised questions about the safety of the DePuy ASR Hip Implants Johnson & Johnson decided to sell all the hip implants in its inventories before discontinuing the product.

An article to be published in tormorrow’s New York Times details the factual proof that Johnson & Johnson put its own corporate profits ahead of the safety of hip implant patients. Journalist Barry Meier, who has been conducting a detailed investigation for several years sets forth these facts:

  1. The 2009 data from the Austrailian Registry showed high failure rates of the ASR after just a few years rather than the expected 15 years.
  2. In 2009 the U.S. FDA confidentially notified DePuy Orthopedics that it would not approve a new ASR Resurfacing System.
  3. A 2009 letter from the FDA expressed concerns about high metal levels in ASR traditional hip implant patients.
  4. DePuy employees discussed selling out the inventories during 2009 and 2010 until the inventories were almost depleted and then recalled the product in August of 2011.

Legally, this conduct by Johnson & Johnson and DePuy Orthopedics could be considered gross negligence, or wanton and willful conduct. Such conduct can be the basis for punitive damages to punish the company in the lawsuits that are pending.

In a legal punitive damages case a jury is entitled to consider the wealth of the corporation in order to evaluate how large a monetary damage award would really punish the corporate defendant. Such damages could be many millions of dollars for such a large company as Johnson & Johnson. These damages would be in addition to the damages for medical expenses, lost wages and pain and suffering of an implant patient whose ASR failed shortly after implant.

I believe that these lawsuits will be settled in the next year or so. I do not think that Johnson & Johnson wants to see what a jury thinks of their irresponsible and selfish conduct.

One response to DePuy Unloaded ASR Hip Implant Inventory before Recall was Initiated

  1. Dan Hague March 28th, 2012 at 1:00 pm

    I am very tired of the uninformed media (Meier) taking on issues that they have no idea what they are talking about. I am also ashamed of the New York Times allowing articles to be printed that contain biases and unfound truths, something the Times are known for as sad as that is…….

    Hard-on-hard bearing surfaces(Metal-on-Metal) in total hips have been around many years, used by most orthopaedic companies with successful results(Something Meier fails to report). Companies are always trying to improve on their implant’s wear properties to keep up with the demand of an aging, yet, vibrant population.
    As this active class wear out their joints, they insist on getting back to their “normal” lifestyles.
    Depuy (J&J) has continued to be a leader in implant manufacturing as have other orthopaedic companies. Thousands of Hip and Knee procedures are done annually, with HUGE success rates as patients get back to their “active” life styles(again, Meier fails to state).
    Tell Meier to report on the Hundreds of Thousands of Hip and Knee patients that got their lifes back.


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