September 16, 2015
Around the globe, patients receiving metal-on-metal hip implants have suffered serious injuries, requiring removal of the defective medical devices. In New Zealand, hospitals reportedly are allowing representatives of the metal hip manufacturers into the operating room without patients’ consent during revision surgery.
The issue came to light during a New Zealand investigation by the country’s Health and Disability Commission (HDC). A hip replacement patient contacted New Zealand’s HDC after suffering repeated complications from metal hip implants in both hips. The HDC found that issues existed with the patient’s treatment, causing her to receive six hip replacements in six years.
The New Zealand patient was angered when she learned that in 2012, during her first revision surgery, a representative from hip implant maker Stryker was present with the surgical team. The patient blamed Stryker for the defective metal-on-metal hip implant that had left her in pain for years. She was unaware that a Stryker employee would be in the room during her surgery.
The patient’s doctor, however, claims that he told her the hip manufacturer representative would be present and this was reflected in the doctor’s notes. But there was no signed consent form. And the HDC found that the patient’s consent was not given.
The hospital argues that the patient’s consent was not required. When the skills of amedical device manufacturing company are needed, hospital policy does not require a patient’s consent. Apparently, it is standard operating procedure for medical company representatives to be present for hip revision surgeries. Metal-on-metal hip implant manufacturers have the greatest knowledge about how to remove the faulty devices, the hospital explained. Because manufacturer representatives are an integral part of the surgical team, the patient’s consent is not required.
Waters Kraus Paul & Siegel is a national plaintiffs’ law firm devoted to helping families in personal injury and wrongful death cases involving metal-on-metal hip implants manufactured by a number of companies, including Stryker, Zimmer, Biomet and DePuy. If you have suffered injuries or the death of a loved one associated with metal-on-metal hip replacements, contact us by email or call us at 800.226.9880to speak with one of our medical device attorneys, like Sara Coopwood in the firm’s Texas office, and learn more about how we can assist you with a lawsuit or claim.
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