Parker Waichman LLP

Hip Implant and Joint Replacement Patients Hurt by Company Kickbacks to Docs

Kickbacks from the makers of hip implants and other joint replacements to orthopedic surgeons are so prevalent that it has become nearly impossible to eliminate the illegitimate practice, an assistant inspector general with the Health and Human Services Department told a Senate panel yesterday.  Unfortunately, the practice of kickbacks is taking a toll on patients, […]

Kickbacks from the makers of <"https://www.yourlawyer.com/topics/overview/strykerhip">hip implants and other joint replacements to orthopedic surgeons are so prevalent that it has become nearly impossible to eliminate the illegitimate practice, an assistant inspector general with the Health and Human Services Department told a Senate panel yesterday.  Unfortunately, the practice of kickbacks is taking a toll on patients, who are often implanted with low quality devices because surgeons are influenced by such kickbacks.

Those allegations were part of testimony taken yesterday at a hearing of the Senate Special Committee on Aging.  The hearing followed a probe of the orthopedic-device industry by U.S. prosecutors that resulted in a settlement for $311 million last September. The government said the companies handed out excessive consulting agreements, lavish trips and other perks to reward surgeons who used their products. Among the companies involved in that settlement was Stryker Corp., which recalled some of its hip implant components earlier this month.  Stryker was also the recipient of two FDA warning letters in the past year, detailing contamination issues and other problems at its plants in New Jersey and Cork, Ireland.

Assistant inspector general Gregory Demske told lawmakers that four makers of artificial hips and knees paid doctors more than $800 million in royalties and fees in four years to influence their choice of implants.  While he did not identify these companies, Demske said that together they controlled three-quarters of the $9.4 billion worldwide market for hip implants  and knee replacements. Demske and other witnesses told the panel such payments have enriched doctors and distorted the market by bolstering sales of lower-quality devices. Demske said such payments are difficult to regulate, because it is hard for investigators to determine which are legitimate, and which are kickbacks.

Another witness, Charles Rosen, an Irvine, Calif., orthopedic surgeon, who started the Association for Ethics in Spine Surgery, said that so far, voluntary efforts to regulate payments to doctors have failed.  “I don’t believe the medical societies are capable of doing it, nor the industry,” he said. “It is so embedded now among most of the people running these societies, including the educational foundations, that I don’t think it’s possible to change that without something from the outside happening.” Rosen told the panel that he has been vilified by leaders of his medical specialty, including medical journal editors, because of his opposition to company payments.

Senator Herb Kohl (D-Wisc.), chairman of the panel, has proposed a so-called Sunshine Law that would require medical device makers with more than $100 million in annual revenue to disclose any money they give to doctors. Several medical device makers, including Medtronic Inc., said they would support Kohl’s proposal if it covered every device maker rather than only those with more than $100 million in annual revenue.  Larger device makers worry that physician consultants may be tempted to shift their allegiance to competitors that fall below that revenue threshold in order to keep taking excessive fees, according to Senate committee staffers.

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
Positive: Responsiveness I was always kept in the loop regarding my claim. Parker Waichman's Stacy Candalino provided exceptional representation for me during my claim process. She was always quick to respond to my inquiries and address my urgent concerns. I am so thankful for all Stacy did to help me through the process.
Donna Battle
3 years ago
5 Star Reviews 150
It was a pleasure speaking with Ms. Josama. I really like how she made my grandmother feel safe and secure and make a decision. Thank you.
Matt Smart
4 years ago
5 Star Reviews 150
Parker Waichman are the best. Thank you for being so helpful with my husband's case. They explained the case step by step. Jorge Peniche thank you so much for caring and being so nice.
Olga Dejesus
4 years 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