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| S U L Z E R H I P R E P L A C E M E N T S |

Artificial Hips: Replacing the Replacements
Consumers are all too familiar
with recalls of defective automobiles, tires, toys and infant carriers,
but imagine the anguish when the defective part being recalled has been
surgically implanted inside your body, at great expense and pain.
Thousands of patients who
have had hip replacement surgery in recent years are experiencing just
that. For many, the artificial hips that were meant to restore their
ability to walk without pain and to enjoy even the simple things of life
instead are causing what they describe as “excruciating” pain and, in come
cases, further bone loss. Their only remedy is to subject themselves
to yet another painful operation and even longer rehabilitation.
The 'Inter-Op Acetabular
Shell'
Producing artificial hips
is a lucrative and growing enterprise. Each year some 310,000 Americans
undergo partial or full hip replacement surgery, typically to alleviate
the effects of arthritis. Each surgery costs between $20,000 and $50,000,
depending on the patient’s age and the length of hospital stay required.
As the population ages, the number of such surgeries is expected to rise.
An artificial hip consists
of two parts intended to replace the hip’s normal ball-and-socket structure.
A metal “ball” is mounted on a stem that fits into the femur (thigh bone);
the “socket” (acetabulum), a titanium shell lined with polyethylene, is
designed to snap into place against the pelvic bone. The titanium
is porous to allow fusing with the bone.
Last year, numerous patient
complaints that their “recovery” from hip surgery was causing escalating
pain prompted the maker of one of the most popular brands of artificial
hips to launch an investigation. After eight weeks of study, Sulzer
Orthopedics, of Austin, Texas, announced on December 8, 2000, that it was
recalling 17,500 Inter-Op acetabular shells, 90 percent of them implanted
in U.S. patients. The shells had been manufactured by Sulzer in batches
beginning in 1997, when it began moving production “in-house” from
its Pennsylvania contractor. Most were made beginning in 1999, when
the move was completed. Sulzer controls about 11 percent of the hip-replacement
market.
(Not all Sulzer hip replacements
are implicated: in some cases the shell is cemented to the pelvic
bone, a process typically reserved for the oldest patients. These
are not included in the recall.)
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The Defect
The problem was traced to
lubricants, any of four mineral-based oils produced by Mobil Oil Co. that
Sulzer used in the manufacturing process. None of the oils was intended
to be ingested or placed inside the body. Leaking oil had been seeping
into the titanium’s pores. After implant, the oil’s interaction with
the patient prevented the necessary bonding between shell and pelvic bone,
causing “loosening” of the shell, a build-up of scar tissue and, in some
cases, permanent further bone loss. Typically, within six months
of the surgery, patients experienced:
- Pain
in the groin and inner thigh.
- Pain
when rising from a seated position.
- Weight-bearing
pain, notably in the buttocks.
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Rhonda Silva,
48, Oakland, CA – Immobilized for seven months by her defective artificial
hip, Silva had the replacement itself replaced in October 2000, only to
learn in December that her new hip was also defective. “To get out
of bed is the most excruciating” part of her day, she said. “I feel
like I have an alien living in my body. I just want my life back.”
Helen Simon, of San
Francisco – A hearing and speech scientist, Simon said that learning her
hip was on the recall list made her feel like a “human Firestone tire.”
She had received her artificial hip on October 16, 2000, while Sulzer was
"studying” the problem.
Barry Moore, 61, Belmont,
CA – His hip was replaced June 13, 2000, while he was looking forward to
leading his daughter up the aisle in her September wedding. He had
to walk the aisle limping with a cane and “halfway through the father-daughter
dance, I had to quit.”
Gretel Quick, 55,
Blythe, CA – Her April 2000 hip surgery left her in so much pain, she said,
she could hardly climb out of bed. “It’s been sheer hell. I
can’t work, walk, or function normally, and emotionally I’m a mess.”
The problem had not been
unanticipated: In 2000, a National Institutes of Health panel urged that
more study be given to what happens to medical devices after they’ve been
implanted in patients, in order to improve artificial joints, pacemakers
and other such devices.
A Brief History of the
Hip Recall
October 1999
– Hip replacement failures begin to be recorded at approximately the same
time that Sulzer completes shifting component production “in-house.”
July 2000 – Dr. Lawrence
Dorr, a Los Angeles surgeon who helped Sulzer design some of its products,
notifies the manufacturer of problems with the hip implant. “He was
stunned by what he considered to be an unusually high failure rate,” the
Austin (TX) Statesman-American later reported. “He thought the liner
was the problem but later became convinced something toxic was on the outer
shell. He urged Sulzer to fix the problem fast.”
September 27, 2000
– Sulzer sends a representative to meet with Dorr and begins an investigation.
November 2000 – Sulzer
notifies the U.S. Food and Drug Administration of its investigation.
December 8, 2000 –
Sulzer announces it is recalling 17,500 implanted shells. “It was
ultimately the fault of one of our products and we’re taking full responsibility
for that,” Sulzer General Manager Steven Whitlock tells the news media.
February 13, 2001
– A federal class action lawsuit is filed against Sulzer Medica, Sulzer’s
parent company in Switzerland, on behalf of all patients who received the
recalled implants, whether they have experienced problems or not.
The suit asks that Sulzer set up a fund to cover costs of testing, observation
and monitoring of all affected patients.
March 2001 – Despite
its earlier admission, Sulzer denies in court filings that it has any responsibility
for the artificial hip failures and says the injuries were caused instead
by unidentified third parties, by patient negligence, and by the product
being altered or used incorrectly by others. Sulzer also said patients
contributed to their own losses by not acting to minimize their damages.
June 1, 2001 – A Sulzer
spokesperson concedes that what was initially minimized publicly as “trace
amounts” of lubricant found on the hip shells was in fact “an abundance
of mineral oil.”
June 13, 2001 – The
number of artificial hips reported to have been surgically replaced rises
to 1,850, more than 10 percent of those on the recall list.
As one observer noted
about the disconnect between earlier admissions by Sulzer and more recent
disclosures: “They’ve got a legal problem, and they’ve got a public
relations problem, and they’re dealing with them on separate tracks.”
A Painful ‘Remedy’
Unlike recalling a toy or
automobile component, the recall of a surgically implanted device requires
yet more surgery, in this case a procedure that is more complicated than
the original operation and takes twice as long. Not only must the
artificial hip shell be removed and replaced, but built-up scar tissue
must be cut away and the bone scraped clean to assure no oil remains to
complicate bonding with the new shell. This is then followed by a
minimum of three months of painful recovery.
Inadequate Concessions
After repeatedly declining
to cover any but the direct medical costs of replacing the defective artificial
hips, Sulzer has now agreed to give victims at least some compensation
for pain and suffering. The concession falls short in several respects:
- No
standards are specified for evaluating claims.
- Minimum
compensation to be paid all defective hip recipients is unspecified.
- The
claims process is not subject to judicial review or any guarantee that
similar claims will be treated similarly. Instead, the company plans
to base payments on what insurers will reimburse.
- No
public offer has been made to cover future medical care, physical therapy,
wage loss, or non-medical expenses.
- No
fund has been established for ongoing medical care and monitoring those
who have the recalled hip implants but do not yet require replacement surgery.
From Hips to Knees
Sulzer’s replacement problems
may extend to more than hips. On March 11, 2001, as the number of
lawsuits the company faces over its artificial hips soared, a Tulsa,
Oklahoma, man filed suit over a knee-implant. Sulzer, which at first
insisted its other products were manufactured differently from the hip
replacement parts, conceded in May that the knee implant – a stemmed tibia
baseplate – had gone through the same process as the flawed hip part and
may have the same oil-contamination defect.
A Sulzer spokesman said the
company first received reports in January about problems with knee implants,
but by then had corrected the manufacturing process.
The company publicly announced
the potential knee problem on May 21, and on May 30 it dispatched a “special
alert” to surgeons asking them to return for study any knee implants they
remove. Sulzer also asked physicians to monitor their knee surgery
patients, but a spokesman said the company has no plans to recall knee
implants.
(07/23/01)
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