Posted on Feb 24, 2013

A current class action lawsuit against Johnson & Johnson for severe injuries caused by hip replacement medical devices has brought to light a serious problem in the medical industry.

In the trial, memos surfaced in which doctors reported problems with the medical devices and recommended marketing efforts be put on hold until more tests could be done.

But the company moved forward with the products regardless, ignoring how hip replacement injury was clearly a concern for many physicians. They were able to do so because, while a few doctors did report problems early on, many didn't say anything.

The problem with physicians under-reporting medical device injuries has been an issue for many years; but the Johnson & Johnson hip replacement trial has brought it back into the conversation.

There are many reasons a physician might not report a flaw with medical devices:

  • Doctors may be afraid the injury was really their fault, or could look like their fault.
  • Medical device companies have been known to launch campaigns against doctors and surgeons who complain.
  • Many physicians using a product on their patients are financially tied to the medical device company as consultants.


It will be interesting to see in coming months what else surfaces about these doctors' relationships with medical device companies and how those relationships may undermine patients' rights.

If you've been injured by a medical device, contact our Kansas City medical device injury lawyers to discuss your options for free.

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Jason C. Amerine
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President and Owner, Castle Law Office of Kansas City