In what could be called “too little, too late” for the impotent and corporately-influenced FDA, the orthopedic division has asked to impanel a medical-science committee to determine the implications of cobalt and chromium exposure to metal on metal implant recipients. Shockingly, it has come to light that in mid-2009 the very same FDA sent a non-approval letter to DePuy regarding their ASR resurfacing implant. This was private, yet patients still received metal on metal DePuy ASR total hip replacement implants until the mid-2010 recall. The FDA never warned these patients, some of which represent.
These studies have to be done at public expense even though Johnson & Johnson made millions of dollars from these implants and NEVER did any of their own pre-market testing or post-marketing surveillance with regard to metal diseases. Even worse, Johnson & Johnson continues to profit from this crisis by selling other implants to the revision victims. Thankfully, the Johnson & Johnson CEO has announced his resignation and the company has set aside billions of dollars for litigation.
As part of our representation, we provide our clients with more detailed information about the litigation. This appears in a separate, password protected area.