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Monday, January 28th 2013

More For Regulation

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.