Congress To Require Companies To Track Artificial Hips, Knees, Other Implants

Brett Emison
Attorney
(866) 735-1102 Ext 461
Visit Brett Emison on FacebookVisit Brett Emison on LinkedInVisit Brett Emison on TwitterVisit Brett Emison on AvvoVisit Brett Emison on Google+
Posted by Brett EmisonDecember 21, 2011 11:08 AM

DePuy Hip RecallMuch has been learned about the medical device industry since problems surfaced regarding DePuy Hip implants and Zimmer knee implants. DePuy - a division of Johnson & Johnson - has recalled its ASR XL Acetabular and ASR Hip Resurfacing Systems and independent testing agencies have identified growing problems in other metal-on-metal artificial hips. Zimmer has also experienced problems in a number of its high flex artificial knees.

It turns out that these - and many other critical medical implants - were approved without any human testing under a controversial FDA provision known as the 510(k) approval process. The 510(k) approval process rests on the notion that if one device has been cleared by the FDA, then similar devices need little or no testing on actual patients. If a new medical device is "substantially equivalent" to an already-marketed device, then clinical testing is not required.

The New England Journal of Medicine found that the 510(k) process was "unfixable" and recommended that the FDA immediately stop using the 510(k) program for Class III medical devices.

Moreover, even though thousands of DePuy hips have either failed or have been recalled, DePuy failed to keep accurate records and did not maintain a list of patients who received its defective ASR artificial hip. DePuy was therefore unable to warn its customers directly about the recall and hip defects.

Not only were the artificial knees not tested in humans before the devices were put on the market, but DePuy paid doctors more than $80 million to promote and use its artificial hips -- including defective artificial hips that were eventually recalled.

Against this backdrop, bipartisan legislation was introduced in the US Senate that would force medical device manufacturers to track the performance of implants after they were approved for sale.

The bill would allow the Food and Drug Administration to compel companies to track implants, such as replacement hips, that belong to a category of products that do not require human testing for approval.

Source: NY Times

Sen. Richard Blumenthal (D-Conn.) called metal-on-metal hips a "classic example" of why this type of monitoring is needed.

Following the bill's introduction, three senators - two Democrats and a Republican - sent letters to five major medical device manufacturers - Johnson & Johnson, Zimmer Holdings, Medtronic, Boston Scientific, and C.R. Bard - asking for documents showing how these corporations track product safety and recall defective medical implants.

The medical device industry is pushing back and calling for less regulation rather than increased scrutiny. Some members of Congress have introduced a number of industry-backed bills to further "streamline" FDA rules to get new products to the market even faster.

[More on the DePuy Hip Recall]

[More on Zimmer Knee Problems]

Read More:

(c) Copyright 2011 Brett A. Emison

Follow @BrettEmison on Twitter.

2 Comments

Have an opinion about this post? Please consider leaving a comment or subscribing to the feed to have future articles delivered to your feed reader.

mike
Posted by mike
December 21, 2011 11:59 AM

saw this debate a little while ago... LINK talking about the differnce between the manufacture of artificial hips - hip resurfacing to be precise. It's amazing that similar products can get through FDA approval on a 510(k) and be so fundamentally different... the mind boggles! This whole metal-metal fiasco could have been avoided if this advice was heeded back in 2005!!

Joleen Chambers
Posted by Joleen Chambers
December 22, 2011 9:03 AM

The #1 expenditure of Medicare is joint replacements. Failed medical device "innovations" place patients and their families in medical and legal purgatory. An independent, transparent registry (similar to Consumer Reports for automobiles) would provide patients/clinicians with real-time information about safety/effectiveness. Legislation at the federal level must change the charter of the FDA to allow Patient Representatives to vote as stakeholders in medical device panels. Medical device companies must define the life of the product and warranty a portion. Congress can act to rescind the medical device industry entitlement given in 2/2009 by the Supreme Court "Riegel v Medtronic" with preemption from state court.

Comments for this article are closed. You may still contact the author directly by email.

Subscribe to The Legal Examiner Kansas City

The Legal Examiner Kansas City RSS Feeds

Keep up with the latest updates using your favorite RSS reader

The Legal Examiner Kansas City is brought to you by Langdon & Emison

Legal Assistance Center

More Info
Langdon & Emison (800) 397-4910 www.langdonemison.com
google
Personal Injury Lawyers Serving: Langdon & Emison tries cases across the country from offices in St. Louis and near Kansas City. Greater Kansas City areas include Kansas City, Independence, Lee's Summit, Blue Springs, Raytown, Gladstone, Liberty, Grandview, Belton, Sedalia, Warrensburg, Marshall, Raymore, Excelsior Springs.
911 Main StP.O. Box 220, Lexington, Missouri 64067 [ Show Map ]1828 Swift AveSuite 333, North Kansas City, Missouri 64116 [ Show Map ]110 East Lockwood, St. Louis, Missouri 63119 [ Show Map ]
Confidential

Your question will be referred to an attorney near you. If your question is of a legal nature, then by submitting this form you agree you are not forming a formal attorney / client relationship. Read our full privacy policy.

Subscribe to Blog Updates

Enter your email address if you would like to receive email notifications when comments are made on this post.

Email address