As the first of trials are set to begin for Depuy’s ASR scandalous hip implant, the medical device failure is back in the mainstream news. I had previously commented on how the staggering of recalls of the hip implant – Johnson & Johnson continued to sell the hip in some jurisdictions while recalling it in others – called for better international communication and a leveling of enforcement activities. A pretty remarkable reconsideration of my libertarian ideals. I’ll try to refrain from the fanaticism of calling for more protection from the government despite this,
An internal analysis conducted by Johnson & Johnson in 2011 not long after it recalled a troubled hip implant estimated that the all-metal device would fail within five years in nearly 40 percent of patients who received it, newly disclosed court records show.
Johnson & Johnson never released those projections for the device, the Articular Surface Replacement, or A.S.R., which the company recalled in mid-2010. But at the same time that the medical products giant was performing that analysis, it was publicly playing down similar findings from a British implant registry about the device’s early failure rate.
Certainly, what is known publicly, is call for compensation to those who received the implant and civil punishment for Johnson & Johnson.