Parker Waichman LLP

Americans Ignorant of Their Implants

25 million Americans are living with implanted medical devices, from pacemakers to artificial joints. Up to 25 million Americans are living with implanted medical devices, from pacemakers to artificial joints, but too many patients have unrealistic expectations of how long implants will last and don’t even know what model is in their bodies, a scientific […]

Artificial Joints Implants

25 million Americans are living with implanted medical devices, from pacemakers to artificial joints. Up to 25 million Americans are living with implanted medical devices, from pacemakers to artificial joints, but too many patients have unrealistic expectations of how long implants will last and don’t even know what model is in their bodies, a scientific panel said Wednesday.

Also, scientists are hampered in efforts to create better medical implants because too few of the devices are removed from patients’ bodies – when they die or need a replacement – to study which lasted longest, worked best and was safest, said experts convened by the National Institutes of Health.

One big reason: Fear of lawsuits if scientists point out a flaw to correct.

But that lack of research means doctors today have few ways to compare different implants and choose the best model – and in turn are providing their patients with too little information, leading to unrealistic expectations, the panel said.

Even the panel’s co-chair ran into the problem when she had hip replacement surgery last August.

The surgeon held up her X-rays, “and said, ‘Two new hips.’ That’s all I was going to learn about it if I had not come with all sorts of questions,” said Northwestern University engineer Julia Weertman.

Fund better education of patients and doctors

So the panel called on the government Wednesday to fund better education of patients and doctors, including establishing an Internet site with the latest information comparing different implants’ risks and benefits.

The idea is if a patient needed, say, a new hip, he or she would have a source of reliable information on what is state-of-the-art and how long to expect the joint to last given the patient’s age and other factors.

Also, doctors should more thoroughly inform patients before surgery of the short- and long-term risks of their implant, the panel stressed.

Perhaps of most immediate importance, the panel also recommended each implant recipient be given a card to keep that lists the make, model and serial number of their implant – important in case of a recall or questions about a device’s safety, but information most patients today never get.

Such steps also could persuade patients of the need to let scientists retrieve and study their implants upon their death or, in the worst-case scenario, a device failure.

Actually, most medical implants work well, the panel stressed – many last years, even decades.

But patients “never seem to think a mechanical (medical) device is ever going to wear out, even though … they have enough experience with their automobiles,” Weertman said. “We are trying to educate the consumer so he will realize things don’t last forever, and there is a need to improve these devices.”

The NIH panel acknowledged it faced complex hurdles

Still, the NIH panel acknowledged it faced complex hurdles. The panel declined to recommend a national database to track implant patients, as some other countries do, because of confidentiality concerns and cost.

Nor could the panel estimate how much consumer education and the hoped-for Web site would cost, or even who would ensure patients received those implant information cards.

Also, some manufacturers do manage to retrieve and study certain implants, but typically consider their findings a trade secret, so doctors don’t learn of product concerns.

“I would like to draw attention to what I believe is a code of silence I believe is imposed … by the threat of litigation,” complained panel member Arthur Kantrowitz, a Dartmouth College engineer.

The panel, however, urged NIH to hold another meeting of legal experts hunt a solution.

But some manufacturers do publish their studies of retrieved implants, and would provide information if the government starts an implant Web site, said Jim Benson of the Health Industry Manufacturers Association.

Need Legal Help Regarding Artificial Joints Implants?

The personal injury attorneys at Parker Waichman offer free, no-obligation case evaluations. For more information, fill out our online form or call 1-800-YOURLAWYER (1-800-968-7529).

What Our Clients Say About Us
We have worked with thousands of clients and we appreciate them and their positive reviews. Here are just a few recent client reviews...
5 Star Reviews 150
I have dealt with Parker Waichman twice and each time I received excellent services!
Dianne Solomon
6 years ago
5 Star Reviews 150
Excellent service, I am very grateful for what they did for my accident case and I thank Ana Palacios for her attention and kindness and I recommend all the staff for your case.
Erasmo Garcia
8 months ago
5 Star Reviews 150
I would like to thank everyone at Parker waichman who worked so hard on my case especially Jerrod Ryan my wonderful attorney who was very professional knowledgeable and very patient. SINCERE THANKS GOD BLESS YOU ALWAYS
Betty Pershae
a year ago

Why Choose Us to Help You?

We Take Care of Everything
Your situation is stressful enough: Let us take on the deadlines, paperwork, investigation, and litigation. We'll handle every detail so you don't have to worry.
No Recovery = No Legal Fees
We work on a contingency-fee basis, meaning that we only get paid from a portion of your settlement or jury award. If you don't get compensation, you owe us nothing.
Decades of Experience
Your situation is stressful enough: Let us take on the deadlines, paperwork, investigation, and litigation. We'll handle every detail so you don't have to worry.
Respected by Our Peers
Judges, insurance adjusters, and fellow attorneys all speak highly of our skills, and we've earned numerous accolades, including a flawless rating from AVVO.
We Have Many Locations To Serve You
We have the experience and the skilled litigators to win your case. Contact us and speak with a real attorney who can help you.
Long Island – Nassau
Parker Waichman LLP
6 Harbor Park Drive
Port Washington, NY 11050
Long Island – Suffolk
Parker Waichman LLP
201 Old Country Road – Suite 145
Melville, NY 11747
New York
Parker Waichman LLP
59 Maiden Lane, 6th Floor
New York, NY 10038
Queens
Parker Waichman LLP
118-35 Queens Boulevard, Suite 400
Forest Hills, NY 11375
Brooklyn
Parker Waichman LLP
300 Cadman Plaza West
One Pierrepont Plaza, 12th Floor
Brooklyn, NY 11201
New Jersey
Parker Waichman LLP
80 Main Street, Suite 265
West Orange, NJ 07052
Florida
Parker Waichman LLP
27299 Riverview Center Boulevard
Suite 108
Bonita Springs, FL 34134
Nationwide Service
Parker Waichman LLP
59 Maiden Lane, 6th Floor
New York, NY 10038