One would think that if a replacement hip or knee fails too soon, the maker would be on the hook to replace it. Apparently that isn't the case, however. Today's NYT had a front-page story (below the fold) which says that even though the number of failed implants is small, the cost to replace them can be stratospheric.
When a car breaks, a computer fails or a toaster flames out, the manufacturer is often liable under the product warranty. But that is not how the multibillion-dollar orthopedics industry tends to work, according to doctors, industry experts and three of the biggest device makers.
The million or so artificial hips and knees implanted each year in the United States, they say, are normally not guaranteed. Instead, the costs of replacing implants that fail early because of design or mechanical problems — devices that sell for as much as $15,000 each — are largely paid by Medicare, insurance companies and patients.
Of the six major American implant makers, only three even went on the record about whether they offered warranties. However, the editor of one industry publication doesn't know of any implant maker that offers a warranty.
One major implant maker, DuPuy Orthopedics--a division of Johnson & Johnson--refuses to issue warranties despite knowing that at least one of its parts has issues.
The type of artificial hip that Mr. Morris had taken out in January, called an ASR and made by DePuy Orthopaedics, has been particularly problematic. In early March, the company issued an alert that new data suggested the device was failing in some patients within a few years of implant.
Medical reports since 2008 have indicated that the hip might be flawed and capable of generating high levels of metallic debris, and a top DePuy consultant has said that he and company officials realized two years ago that it was particularly difficult for surgeons to implant properly; DePuy maintains that the device is safe.
And another manufacturer, Biomet, may not offer warranties here in the States while doing so in the UK. This despite the great risk involved in replacing a failed implant--including possible nerve damage.
Unfortunately, such expenses weren't covered in the new health care bill. Wonder if we'll get the chance to tweak it later to fix things like this ...