People often complain and sometimes rightfully so about there being too much litigation. Unfortunately it often takes the power of a lawsuit to uncover the truth about defective products. This happens time and time again as evidenced by lawsuits involving asbestos, breast implants, defective drugs and unsafe cars. Here is another example. Johnson and Johnson, once the model for a company that takes pride in marketing only safe products, has apparently taken a different turn in recent years. For many months our office has been working diligently on lawsuits involving defective hip implants which have forever altered the lives of our clients. Today’s NYT offers a look inside the truth about the implant debacle.
A year before recalling an artificial hip, an executive at Johnson & Johnson reported in an internal e-mail that the Food and Drug Administration had refused to approve the device, after reviewing company studies that showed it had failed prematurely in “significant” numbers, requiring repeat surgeries for patients. The statements in that e-mail contrast with those made by the company in recent years about the all-metal hip. Before recalling the device amid rising failure rates in 2010, Johnson & Johnson insisted it was safe and maintained that its’ internal studies refuted complaints by surgeons and regulators abroad that the device was flawed. The device turned down by the F.D.A. was only sold overseas, but a companion version that was recalled at the same time by Johnson & Johnson was used in 30,000 patients in the United States
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