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On the front page of its Sunday Business section, the New York Times described the falling out between Dr. Richard A. Berger, who "designed surgical tools and artificial joints for Zimmer Holdings," and the company. The Times noted that this "breakup...highlights what experts say is a troubling situation for patients and doctors: when disputes arise about orthopedic implant safety, there are no independent referees or sources of information because no one tracks the performance of the devices," and it is the patients who suffer the most. While Dr. Berger has charged that the Zimmer devices fail prematurely, the company "provided the FDA with data from 12 surgical centers showing that the hip was working well. Based on that, the agency decided to close its investigation, said an FDA spokeswoman, Mary Long."

From the American Association for Justice news release.

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