Australia, DePuy ASR™ Hip Resurfacing System, FDA, Food & Drug Administration, Hip Replacement, hip replacement failure, Howard, metal-on-metal hips, metallosis, New Zealand, Smith & Nephew, UNited States, Washington, Washington D.C.
it’s now become apparent that for those of us in the US, and seemingly the rest of the world, for that matter, that corporate power far exceeds the power of the people.
Like you and the many other MOM ‘guinea pigs’ out there, I too feel nearly helpless in the face of this corporate onslaught.
Here in the US, both of us are clearly under the thumb of these lobbyists in DC. It’s like Boss Tweed writ large, and corruption is again king. The manufacturers who are now ‘under the microscope’ of investigative journalists and lawyers have lobbyists on K-Street (today’s Tammany Hall), who now write the bills that become law in this country, both figuratively and on literally. Few members of our congress actually read the bills they vote on, as that vote has already been cast by their corporate masters.
And it seems it’s all about the Rule of Law until it applies to these profiteers, for whom ‘laws’ do not apply. These rules are clearly applied differently, depending on the depths of the perpetrators pocket. And there can be little doubt we are up against very deep pockets in this struggle, such that there often appears very little can be done about it. Too bad the ‘corporate marionettes’ haven’t been able to finalize their coveted ‘tort reform’ in Washington, or people like us would simply be left behind. We’d be little more than collateral damage, all in the ‘noble’ interests of improving people’s lives! If they’re wasn’t a legal team helping me, I would have little recourse, other than picketing my hospital wearing a sandwich board leaning on two canes (I couldn’t really do that physically). But there are many very tenacious and ethical counselors of the law out there who’s goal is to protect us from those we assumed were our protectors, and as this MOM (‘Island of Dr. Moreau’) experiment spirals out of control, it will eventually fall to pieces on the ground .
Of course, the multinational conglomerates who are behind all of this won’t really be affected much overall, even after all of the horrible MOM details are brought to light and all of the (known) cases settled, after which they’ll never admit guilt and their shareholders won’t take any noticeable ‘hit’, so to speak. I would rather face them in a court of law than settle, because even in ‘losing’ monetarily I’ll take the risk. I want most of all now to draw attention to the crimes committed and help ensure these avaricious bastards are pushed into the light of day.
I can’t speak for the world, but to a great extent our democracy here is looking more and more like a ‘corptocracy’, where we’re becoming an oligarchic nation where corporate greed is gaining near-total control. America looks more and more to be ruled by plutocrats, a club you can’t easily join. From my perspective, a democracy that requires a political candidate to be wealthy cannot be called one. To wit, about 47 percent of the new US Congress, or 249 current members, are millionaires!
I didn’t intend to wander into the political realm, but that’s obviously where our regulatory agencies are found and funded. Those governmental agencies were created for the protection of ‘we the people’ and have failed us miserably, and as you point out, Howard, they still — still refuse to face the failure of these ‘metallic monstrosities’ that have left so many human beings immobile, in horrible pain, with lives and marriages destroyed and much left in ruins. So many brothers and sisters left suffering, where the recliner or the bed are the only places that offer any comfort to the pain that my doctor is convinced is the product of my imagination. (“My revised knee is killing me, doc”, to which he replies upon examing my X-rays (and with great pride and satisfaction that “It’s in there perfectly”, I can’t see what might be bothering you”. He cannot see that which he refuses to look for. I am a problem, his inference my pain is psychosomatic!
I feel we find ourselves in a plight not dissimilar to that of early American colonists. I recall something to the effect of ‘taxation without representation’ or the like. Our taxes pay the salaries of these very officials who are tasked with ensuring our safety. With more and more scandalous information coming to light with every passing day, and more blatant examples of our governments failure to protect us, I am left to wonder: exactly what am I paying my taxes for? Has the FDA provided the service we were led to believe it was created for? In the UK, has the MHRA diligently pursued its tasks? What of the TGA in Australia? Will we see improvement with the transition of that country and New Zealand to the ANZTPA? Hey, it’s a nice looking new acronym, but exactly what will be new?
The good thing we see is how the string has been pulled with the yarn beginning to unravel. This will continue to snowball, so we can at least take heart in the fact that our cause is gathering momentum. And we must “Never, never, never give up”, as Churchill exhorted, and “If you’re going through hell, keep going.”
So for all who are suffering today from the toxic effects of this MOM nightmare, take heart, remain steadfast and keep on keepin’ on, because The Truth Will Out!
Yours in the fight,
- A Few New Year’s Wishes and Thoughts from one of the many MOM ‘Victims’! (earlsview.com)
- Maker Aware of 40% Failure in Hip Implant – NYTimes.com (earlsview.com)
- Consider both imaging and symptoms before metal-on-metal hip arthroplasty revisions | Orthopaedics Today Europe (earlsview.com)
- Stryker Hip Recall for Rejuvenate and ABG II Modular-Neck Hip Stems | Patients Advised to Undergo Clinical Screening, Wright & Schulte LLC Reports (prweb.com)
- DePuy Hid Data About Failed Hip Implant, Documents Show – NYTimes.com (earlsview.com)
- Trial under way in LA hip joint replacement suit (kansascity.com)
Brooks, and all other victims of metal on metal hips or other devices that have malfunctioned.
The medical device world seemingly is exempt from accountability in some instances.
Hard to believe, but the reality is the pre-emption laws were created to prohibit every cut and scratch involving a device be exempt from legal action by the patient.
However I don’t believe they were intended to harbor or protect the likes of Smith & Nephew’s Birmingham Hip resurfacing device when the number of injured patients exceeds the acceptable failure rate as we are now seeing each day.
There are a number of law firms, activists, and individuals feverishly trying to have this law changed. If a device manufacturer provides a device that was pma approved by the FDA and then malfunctions, why and how should the law protect that manufacturer ?
They should not, little by little this will change, I pray.
The FDA was formed to provide protection and ensure safety for we the people not we the Manufacturer.
CORRUPTION is to blame for what we see in the laws that protect the manufacturer first and people 2nd.
I will share a recent experience I had in attempting to obtain information through the FDA- FOIA ( Freedom of Information Act ). First the young lady that contacted me from the FOIA was timely in response to my request and she was as helpful as she could be.
However the bottom line, I requested all correspondence between the FDA and Smith & Nephew re: BHR, the application, the approval process prior to approval, during approval and post. She informed me most of what I requested would probably be classified. Example: I asked her if I could get a copy of the financial disclosure of the inventor and Smith & Nephew to see if the amounts of monies received were disclosed: answer probably not.
I took a suggestion and started writing more specific questions to submit to the FOIA, when I started looking up information there are so many links of information it would take a staff of people to disseminate the material. I am in the process as I speak trying to make heads or tails out of what I am reading. I only pray I live long enough to accomplish this.
I asked myself why do we even have the Freedom of Information Act shouldn’t I be able to go to the site and obtain the information, OF COURSE NOT THAT WOULD BE TOO SIMPLE.
I BELIEVE THE APPLICATION SUBMITTED BY S&N FOR THE PMA APPROVAL OF THE BHR WAS 30,000 MOL pages.
This brings up another point: if there were 5 people who voted for the bhr pma approval did they read 30,000 pages, I DOUBT IT. SO, how many people were really involved in the decision making process ???? and how tainted was the opinions of whomever read the material before the 5 voted???
So, stay involved as best you can and please, DO NOT GIVE UP. THERE ARE ENOUGH FOLKS FEVEROUSHLY WORKING ON BRINGING JUSTICE TO ALL THAT HAVE BEEN HURT BY THE BHR DEVICE, AND HOLDING SMITH & NEPHEW ACCOUNTABLE.
I agree. Between the crooked mega-banks, lawyers and corporations, I don’t know where to turn in the USA. I’m a pre-surgery OA sufferer. WIth all I’ve read about the corruption I’ve become lost in analysis paralysis regarding my surgical options. In the meantime, here I sit, one of the recliner people you spoke of. Facts and statistics are being withheld. People’s pain is being written off. And, worse yet, many of the osteo docs I’ve seen behave more like used car salesmen more than healers. What are we to do? Worst of all I have learned that the root cause of my suffering, dysplasia, could have been corrected years ago if only someone in the medical field had intervened. I’m frustrated, distraught and uncertain about my future health. I bet many reading this feel the same way!