July 2, 2014 — In the first settlement of its kind, the state of Oregon has won a $4 million settlement against Johnson & Johnson for improperly marketing the DePuy ASR XL hip implant.
The settlement resolves allegations that the company’s’s DePuy Orthopedics unit failed to warn doctors and patients about an alarming rate of failure associated with the DePuy ASR XL, a “metal-on-metal” hip implant.
About 432 of the devices were sold in Oregon from 2005-2010, which works out to a settlement of about $9,259 per implant.
Johnson & Johnson told MassDevice, “As the agreement states, this is a settlement of a disputed matter. There is no admission of any legal violation, and DePuy denies any such violation.”
The Oregon state Attorney General accused DePuy of violating the state’s Unfair Trade Practices Act (UTPA) by making claims that were false, unsubstantiated, or contradicted by other data. According to a statement:
“DePuy represented to Oregon physicians and patients that the ASR XL hip functioned properly, when evidence showed the hip was failing at unusually high rates. Even as other evidence and indications pointed to a critical design flaw in the hip implants, DePuy publicly maintained that their product was fine.”
The DePuy ASR XL was recalled in 2010 and ultimately linked to a 37% five-year failure rate. Hip implants are supposed to last at least 15 years. The all-metal design was originally promoted as safer and longer-lasting than plastic or ceramic devices, ideal for younger patients.
Two months ago, DePuy agreed to resolve about 8,000 lawsuits involving the DePuy ASR for about $2.5 billion. That settlement works out to at least $250,000 per patient, plus additional medical costs in the future.
Do I have a DePuy ASR Hip Implant Lawsuit?
The Schmidt Firm, PLLC is currently accepting DePuy ASR hip implant induced injury cases in all 50 states. If you or somebody you know has been injured by a defective metal-on-metal hip implant, you should contact our lawyers immediately for a free case consultation. Please use the form below to contact our Defective Medical Device Litigation Group or call toll free 24 hours a day at (866) 920-0753.
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