We have previously explored the dangers posed by all-metal hip replacements, such as the ones made by DePuy Orthopaedics. The devices were causing serious damage to patients and were failing prematurely at a very high rate. After the Food and Drug Administration rejected the products in the United States, it was recently discovered that DePuy's New Jersey-based parent company Johnson & Johnson continues to sell the faulty products in many other countries.

DePuy formally recalled two versions of the hip replacement in August 2010. It was later discovered that the FDA had informed the company in 2009 that their request for approval of the medical devices had been denied. According to reports, the FDA cited inadequate information regarding safety and effectiveness as the reason for the denial.

While innocent patients were dealing with the failing product and taking on the burden of additional surgeries to correct damage they caused, the company continued to sell the product in Europe and other countries. Because those countries typically have lower standards for approving medical devices, the company is not breaking any type of law.

The company was not required to disclose the rejection by the FDA to other countries, either. It is not known if Johnson & Johnson or DePuy decided to inform international markets of the findings of the FDA voluntarily.

However, even though DePuy is not necessarily in violation of any laws, it is arguably quite irresponsible for the company to continue selling the device. Selling a product that has been proven defective puts innocent people in harm's way. In New Jersey and across the United States, it is important to hold these negligent companies accountable for a damaging product.

Source: The New York Times, "Hip Implant U.S. Rejected Was Sold Overseas," Barry Meier