If you have been following our series of DePuy hip recall posts, we hope they have been informative, interesting, and educational. Our previous DePuy hip recall posts have provided information about the actual implant that has been recalled, about signs and symptoms that patients can expect if their implant is fails; and about the bad faith settlement practices of Johnson & Johnson and DePuy claims adjusters. However, this particular post is unique because today we discuss a topic that most DePuy hip recall patients have never considered. Was a DePuy sales representative watching you while you had your implant surgery performed?
Sales Reps Guiding Surgeons Through Procedures
Recently, the prestigious Washington Post reported on a fairly widespread yet rarely discussed practice of medical device sales representatives to lurk in operating rooms, without patient knowledge or approval, and guide surgeons in the surgical procedure. According to the Washington Post, this practice of sales rep “assistance” is common among medical device companies including Johnson & Johnson, Stryker, Zimmer, and DePuy.
Unfortunately for most DePuy hip replacement patients, there really is no way to learn whether or not one of DePuy’s sales reps was actually in the operating room. Why? Because most current hospital policies do not require a sales rep to be identified in the patient’s medical chart. They also don’t require consent from the patient, and have not prohibited photography. There have been reports that sales reps have taken pictures of their company’s implant as its being implanted into the patient! These photographs are taken without first advising the patient that a sales representative will even be present.
Imagine that! A DePuy sales representative is allowed to walk into a sterile operating room and observe a patient having surgery, and the patient would never be the wiser.
Frankly, this widespread practice is kind of creepy. As New Jersey and Philadelphia DePuy hip recall lawyers, we urge that legislation be drafted which specifically requires that any medical sales representative obtain permission from a patient before they attend their surgery. If a surgeon is not comfortable performing a hip implant surgery without having a sales representative present, perhaps that surgeon should not perform the surgery in the first place.
DePuy Hip Recall Lawyers in New Jersey and Philadelphia
If you are the recipient of a DePuy hip replacement and are experiencing increasing pain and reduced functionality, contact the Mininno Law Office for a free case evaluation. You may also call for a free consultation at (856) 833-0600 in New Jersey, or (215) 567-2380 in Philadelphia.
DePuy owes you compensation for pain, suffering, and monies paid for any additional treatments associated with the correction of your hip replacement. Make sure you get the help of an attorney in earning this compensation.
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Under this system, all DePuy hip recall patient should have a specific medical record in their chart which will show which DePuy hip implant products where used. Specifically, for DePuy hip recall patients, there should be a label taken directly from the package that was opened up in the operating room and affixed in the chart. This DePuy label should identify the DePuy hip replacement system (e.g. ASL XR, Pinnacle, etc), the model number, and serial number for the DePuy hip implant.
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