Warranties for hip and knee implants?

A press release notes:

Consumers Union, the policy arm of Consumer Reports, is calling on the top manufacturers of hip and knee implants to provide warranties that would entitle patients to have defective devices replaced at no cost.

Consumers Union is pushing device makers to equip patients with warranties so they will have a better understanding of how long an implant is expected to last and a clear process to follow in the event that it fails prematurely.  Ultimately, warranties will encourage companies to make their devices safer and more durable, according to Consumers Union.

“Patients have a right to know how long medical device manufacturers are willing to stand by their products,” said Lisa McGiffert, director of Consumers Union’s Safe Patient Project (www.safepatientproject.org).  “While patients may be told by their surgeon how long a device can be expected to last, they rarely get a guarantee in writing since most hip and knee implants do not come with a warranty.”

A Consumers Union review of hip and knee implant recalls found that all major manufacturers have recalled a product or line of products for defects over the past decade.   These recalls underscore how devices can fail prematurely and harm patients.

In letters sent to Biomet, Inc., DePuy Synthes, Smith & Nephew, Stryker Corporation, Wright Medical Technology, Inc, and Zimmer Holdings Inc., earlier this summer, Consumers Union urged the companies to provide a 20 year warranty and outlined the terms of a model warranty

What a great idea.  Thus far, I have heard of  no overwhelming response from manufacturers.

What if we "helped" them along.  What if the American Academy of Orthopaedic Surgeons adopted a policy statement saying that its members would not insert any such implants unless the manufacturer provided such warranties?  What if the major orthopaedic hospitals announced that they would not purchase or insert any such implants unless the manufacturer provided such warranties?  What if CMS announced that it would not pay for any such implants for Medicare patients unless the manufacturer provided such warranties?

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