Johnson & Johnson agreed to a pay $120-million settlement. The attorneys general of 46 states announced the victory today. They sued J&Jover deceptive and misleading marketing practices. The states claimed Depuy told patients the ASR XL and Pinnacle Ultamet hips would last at least 5 years. In reality, European health regulators reported that 95% of these hips never made it to the 5-year mark. Patients often needed another hip surgery to remove and replace the ASR XL and Pinnacle Ultamet implants.
The settlement forces Depuy to change how they market their hip implants. They also have to closely monitor, track, and report on complaints about these hips. Depuy says the settlement does not imply any admission of liability or misconduct. New York Attorney General Letitia James says in her statement that “companies should never be allowed to freely mislead the public, especially when there are health concerns involved.”
Timeline of Johnson & Johnson Metal on Metal Hip Trials and Settlements
2010 – DePuy announced a worldwide voluntary recall of 93,000 of its ASR hip implants. Since then Depuy has since settled thousands of lawsuits from patients who needed hip revision surgery to remove and replace the ASR metal on metal hip.
2013 – Johnson & Johnson announced a $2.5 billion dollar DePuy metal on metal hip settlement agreement for patients who had a DePuy ASR hip implanted and then revised before August 31, 2013
2013 – Depuy stops selling their Pinnacle hips and faces more than 10,000 lawsuits in the United States from patients with severe metal reactions
2016 – Jurors announced a record $1-billion dollar verdict against Johnson & Johnson in a Pinnacle metal on metal hip trial.
2016 – A Dallas, TX jury awarded an astounding $497.6 million dollar verdict in a Pinnacle metal-on-metal hip lawsuit.
2017 – A Dallas Federal jury issued a $247 million dollar verdict against Johnson & Johnson and DePuy Orthopedics.