Kentucky receives $1.5 Million in settlement with hip implant manufacturer
FRANKFORT, KY. (WTVQ) – The state of Kentucky has reached a $1.5 million settlement with a Johnson & Johnson subsidiary for allegedly making misleading claims to Kentuckians on the longevity of its hip implants.
According to the Kentucky Office of the Attorney General, a coalition of state attorneys general recently reached a multi-million-dollar, multistate settlement with Depuy Orthopedics to resolve allegations that the company unlawfully promoted its metal-on-metal hip implant devices – the ASR XL and the Pinnacle Ultamet.
The attorneys general allege DePuy advertised the ASR XL hip implant as having a longevity of 99.2 percent at three years. Similarly, DePuy promoted the Pinnacle Ultamet as having a longevity of 99.8 percent and 99.9 percent longevity at five years.
The National Joint Registry of England and Wales, however, collected data demonstrating that more patients required hip implant revisions than the company reported.
According to the settlement, 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, as well as a build-up of metal ions in the blood.
The ASR XL was recalled from the market in 2010, and the Depuy discontinued its sale of the Pinnacle Ultamet in 2013.
As part of the settlement, Depuy has agreed to reform how it markets and promotes its other hip implants.
Indiana, Ohio, Illinois, Tennessee and Virginia were also involved in the $120 million settlement.