On January 24, 2019, Johnson & Johnson, the parent company of DePuy Synthes, has agreed to pay a settlement of $120 million.
This payout will resolve lawsuits that claimed DePuy Synthes Inc. exaggerated the durability of their ASR XL and Ultamet metal-on-metal hip implants and how long they would last patients. These lawsuits claimed that DePuy engaged in fraudulent and deceptive practices in order to sell their defective products.
Despite the settlement, the American manufacturing company and its Warsaw-based orthopedics department do not admit to the allegations of providing false information to patients and doctors.
“Depuy Synthes remains committed to meeting the current and future needs of orthopedic surgeons and patients,” said the company in a statement.
Johnson & Johnson has previously agreed to pay a settlement of $2.5 billion to resolve past allegations that accused DePuy of selling defective implants to patients. These defective medical devices led to injuries and revision surgeries. There were thousands of lawsuits brought up from these faulty implants and $250,000 was paid to each of the 8,000 patients who filed a lawsuit against DePuy.
Despite the massive amount of money Johnson & Johnson must pay in settlements, their yearly revenues for 2018 totaling $15.3 billion shows that they have made more than 100 times the most recent settlement amount. With $15.3 billion in revenues, Johnson & Johnson has more than enough money needed to pay for their mistakes.
This recent settlement agreement comes after a 2010 recall of the DePuy ASR hip implant. It was found that 12% of these hip implants failed just within the span of five years. DePuy has settled thousands of lawsuits that came from this recall and thousands of patients had to get their ASR implants removed.
In light of the many health issues caused by hip implants, the FDA created more strict artificial hip regulations. The new regulations forced DePuy to stop selling the Pinnalce hip implant devices. Researchers discovered that metal-on-metal hip implants could potentially cause the following symptoms:
Payment for this $120 million settlement is due in 30 days from the agreement date. Indiana will receive $3.5 million of the settlement that 46 state attorney generals filed.
In addition to the monetary settlement, DePuy has agreed to make changes to the way its hip implant marketing is structured. The company will also start a program that will monitor patients post-surgery and take care of patient complaints.
Patients who had surgery for these defective hip implants were required to have them replaced because of the harmful health symptoms. These patients are now looking to receive compensation for their pain and suffering.
If you have been affected by a defective hip implant, call KBA Attorneys to learn how an experienced hip implant lawyer can help you get compensated for your injuries.
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