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  • Should Your Body Parts Come with a Warranty?

Should Your Body Parts Come with a Warranty?

by James Sokolove on Apr 17 2010
Medical Devices, Product Liability

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We’ve all had the experience of buying a product and taking it home only to find that it didn’t work properly. So what do you do when that happens? Typically, the product will have some kind of warranty entitling you to repair, or even replacement, depending on the circumstance. In the case of expensive items, consumers will often purchase an extended warranty to be sure they are covered for the long term.

Well, what if the product that isn’t working is part of your body? According to a recent article in The New York Times, if you have a hip or knee replacement, chances are the orthopedic device inserted in your body is not covered by a warranty at all. If it fails and needs to be replaced, you could end up picking up the tab.

According to the Times report:

“The million or so artificial hips and knees implanted each year in the United States…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.”

What’s worse? The Times writes:

“Orthopedic producers may sometimes even profit from the failures because they sell the replacements at full price.”

My colleague Marc Stern recently posted about the problems with artificial hips, including some manufactured by DePuy Orthopedics, a division of Johnson & Johnson. Patients have run into very serious health issues because of metal-on-metal artificial hips that fail and must be replaced.

The Times story highlighted the plight of an Alaskan man whose artificial hip manufactured by DePuy failed after only three years (it’s supposed to last 15 years). The cost to replace his hip was $50,000. DePuy has not offered to pay those costs.

Here’s my point: Products from coffee makers to cars come with warranties. Clearly, the manufacturers are prepared to stand by their work. Shouldn’t we require orthopedics manufacturers to do the same?

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