The Implant Loophole: New York Times (DePuy Hip Replacement)

Since the recall of the DePuy Articular Surface Replacement (also know as DePuy A.S.R.) in August of this year, there has been a wave of news about the alleged flaws of the product and how the product came to market. A recent New York Times article by Barry Meier explores a loophole that allows implants, such as the DePuy A.S.R., to go to market without being thoroughly tested.

In a nutshell, where drugs have to be tested through a series of clinical trials, implants can be put to market if they simply resemble a product which is already used in the medical community.

The article from the New York Times (click here to read the full article) is an in-depth read on what happened from how the system went to market to present day patients who explain their pain and suffering with the implant.

Selected Quotes from the article:

โ€œYou are basically testing these devices in an uncontrolled way on a large number of people.โ€- Sidney M. Wolf, director of the Public Citizenโ€™s Health Research Group

โ€œI have been told that I have to be prepared that it will be like this for the rest of my life.โ€ – Mary Ann Doornbos, a DePuy ASR patient who cannot stand up long enough to cook a meal.

โ€œThey basically said that the problem was meโ€- Dr. Antoni Nargol, after speaking with DePuy about a concern he had with their hip replacement system.

โ€œIt really brought it home. The destruction this situation has caused.โ€ – Dr. Antoni Nargol, speaking on how he felt after telling a DePuy ASR patient that there was little that could be done to ease her painful condition.

Past Hardison & Cochran Blog Post on the topic of DePuy ASR:

  • MDL No. 2197
  • NBC News on the DePuy Hip Replacement (Video)
  • ABC News investigates the DePuy Hip Replacement System (Video)
  • DePuy Hip Replacement Past Article
  • Heavy Metal Toxicity and DePuy ASR
  • Lawsuits Filed after DePuy ASR Recall

Photo courtesey of Simon Davison by way of Flickr Creative Commons.

About the Author

Managing partner Benjamin T. Cochran oversees the operation of Hardison & Cochran Attorneys at Law in addition to representing individual clients in cases involving workersโ€™ compensation and personal injury law.

A lifelong North Carolinian, Cochran knew from his high-school days in High Point that he wanted to be an attorney. He received a B.A. degree in economics and African-American studies from the University of North Carolina in 1999 and then enrolled at the Norman Adrian Wiggins School of Law at Campbell University.

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