According to an article in the NY Times in January of 2013, it appears that Johnson and Johnson, the manufacturer of the DePuy metal on metal hip resurfacing prosthesis, knowingly and willingly sold this product even though they had full knowledge that it was defective and would cause widespread disability, suffering, and even deaths. More that 10,000 lawsuits have been filed against Johnson and Johnson. Complications aside from premature failure of the joint include poisoning from cobalt that can lead to neuropathies, hypothyroidism, hypercoagulable blood, cardiomyopathy, possibly cancer, and death.
If convicted, as it looks like will be the case, this would be a civil offense, but in our opinion is also a criminal offense and should be prosecuted as such.
Dr. Len had a metal on metal joint resurfacing done in 2010 that led to most of these complications and he and Nurse Vicki tell the story of how he nearly died from the experience. You can read about his story by clicking here.