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DePuy Settles Hip Implant Claims With 46 States For $120 Million


The availability of hip replacement implants has provided hope and relief to many patients suffering with debilitating hip and mobility conditions. Following a hip replacement procedure, most patients have been able to resume an active lifestyle.

As medical technology has improved, so too has the expected lifespan of a hip replacement, due to new designs and new, durable components.

However, some types have caused medical issues. Metal-on-metal hip implants, in particular, have been linked to a condition called metallosis, and is caused by metal sloughing from a defective metal-on-metal hip implant device. Allergic reactions have also been reported, as well as the need for revision surgeries when the implanted device fails.

Many medical device manufacturers have concealed these risks from consumers, causing them to suffer needlessly. DePuy and its parent company, Johnson & Johnson, recently settled claims regarding their ASR XL and Pinnacle Ultamet hip implant devices. DePuy was accused of having engaged in unfair and deceptive practices when marketing these hip implants. These defective implants have required patients to have numerous revision surgeries and other health issues.

DePuy ASR & Pinnacle Hip Recall

DePuy voluntarily recalled 93,000 ASR 300 Acetabular Cup Systems in 2010 because 12% of the implants had failed over a five-year period. DePuy’s Pinnacle devices were taken off the market in 2013 amid updated regulations from the Food and Drug Administration (FDA). Both were Class 2 recalls, which means that the implants could cause temporary or medically reversible adverse health consequences.

DePuy was accused of making misleading claims about the longevity of the ASR XL and the Pinnacle Ultamet hip replacement products. However, many patients experienced early device failure and other medical issues.

2019 Settlement Agreement

In late January 2019, DePuy agreed to a $120 million settlement to resolve the claims of 46 attorneys general throughout the United States. Texas and South Carolina led the investigation, but all 46 states will share the proceeds of the settlement.

The settlement agreement requires DePuy to update its procedures to track hip implant adverse events. It will also be required to maintain a post-market surveillance program as well as reevaluate and revise its hip implant marketing strategies. DePuy and Johnson & Johnson have denied any wrongdoing.

This was not the first hip implant-related lawsuit for the company. Between 2013 and 2017, DePuy settled more than 10,000 claims from hip implant patients who required revision surgeries. In 2014, Johnson & Johnson paid $2.5 billion to settle thousands of lawsuits brought by hip replacement patients who accused the company of selling defective implants. Other countries, such as Canada, the United Kingdom, Australia, Germany, Italy and Ireland, have filed similar lawsuits against DePuy and Johnson & Johnson.

Our Legal Teams Continue To Pursue Defective Hip & Knee Implant Claims

The defective implant attorneys of Nadrich & Cohen continue to pursue defective device claims against several orthopedic medical device companies. Our attorneys are currently pursuing claims on behalf of patients who required a revision procedure after implant of one of the below devices.

If you believe that you or a loved one required a revision procedure following a failed hip or knee implant, contact our law firm now for a free and confidential consultation. Call us today at 1-800-718-4658.

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