Delaware part of settlement with artificial hip maker

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Delaware Attorney General Kathy Jennings announced Friday a 46-state settlement with Johnson & Johnson and its subsidiary DePuy Orthopaedics, Inc., to resolve allegations that the company improperly promoted two of its metal-on-metal hip implant devices.

Delaware will receive $1.3 million of the $120 million settlement.

Attorneys General allege that DePuy engaged in deceptive practices in its promotion of the ASR XL and Pinnacle Ultamet hip implant devices by making misleading claims as to their longevity.

Some patients who required hip implant revision surgery to replace a failed ASR XL or Pinnacle Ultamet implant experienced persistent groin pain, allergic reactions, tissue necrosis, and a build-up of metal ions in the blood. The ASR XL was recalled from the market in 2010. DePuy discontinued its sale of the Pinnacle Ultamet in 2013.

“Accurate and up to date information for both doctors and patients is critical to effective health care,” said Jennings. “This settlement helps ensure that doctors can continue making the most informed, medically appropriate decisions they can about patient care.”

The total value of the settlement is $120 million. Delaware will receive $1.3 million, with the money going to the state’s Consumer Protection Fund, which funds consumer protections investigations and activities.

Deputy Attorney General David Weinstein of the Consumer Protection Unit led Delaware’s efforts in the case.

The complete cease-and-desist order can be found here.

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