J&J, DePuy to Pay $120 Million Over Deceptive Hip Marketing Claims

• January 23, 2019
• Verdicts and Settlements

The attorneys general of 46 states who sued Johnson & Johnson and its subsidiary DePuy Orthopaedics, Inc. over deceptive and misleading marketing practices reached a $120 million consent judgment.

The states claim that DePuy overstated the longevity of its metal-on-metal hip implants, the ASR XL and the Pinnacle Ultamet, saying they would last at least 5 years. European health regulators reported that 95% of these hips never made it to the 5-year mark. These claims violated each state’s consumer protection law.

Some patients who experienced persistent groin pain, allergic reactions, tissue necrosis or even a build-up of metal ions in the blood have required hip implant revision surgery to replace the failed ASR XL or Pinnacle Ultamet.

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The ASR XL was the subject of a recall in 2010; while DePuy discontinued the sale of the Pinnacle Ultamet in 2013.

The settlement does not imply any admission of liability or misconduct; however, as part of the consent judgment, DePuy must change how they market their hip implants. Under the agreement that includes (but is not limited to):

• Basing its claims of wear, durability and stability of its hip implant devices on scientific information and the most recent dataset available from a registry.
• Disclosing DePuy’s role as a sponsor of a study referenced in any marketing materials.
• Closely monitoring, tracking and analyzing product complaints about these hip implant devices.

Indiana Attorney General Curtis Hill said. “We will always put a high priority on holding accountable those involved in all aspects of the health-care industry. These entities must be honest and transparent in their marketing practices. Both doctors and patients need to be able to trust the information they receive from these providers of goods and services.”

J&J Consent Judgment with the State of Indiana

Executive Committee and States

The attorney general of each state is charged with the responsibility of enforcing the its consumer protection laws. In the state of Indiana, that would be the Deceptive Consumer Sales Act

The investigation was led by the Attorneys General of Texas and South Carolina with an Executive Committee consisting of the Attorneys General of Florida, Indiana, North Carolina, Ohio, Pennsylvania, and Washington. Also participating in the settlement are Alabama, Alaska,

The other states involved include: Arizona, Arkansas, California, Colorado, Connecticut, Delaware, District of Columbia, Georgia, Hawaii, Idaho, Illinois, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Michigan, Minnesota, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Mexico, New York, North Dakota, Oklahoma, Rhode Island, South Dakota, Tennessee, Utah, Vermont, Virginia, and Wisconsin.

EXPERIENCED ATTORNEYS HANDLE METAL-ON-METAL HIP LITIGATION

If you were implanted with a defective ASR XL, Pinnacle Ultamet or other hip implant device, contact us today for a free, no-obligation review of your case.

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