Attorney General Dana Nessel announced today that she and 45 other attorneys general reached a settlement with companies over medical devices. Michigan’s cut is $2.93 million.
The AG office said the $120 million Consent Judgment with Johnson & Johnson and Medical Device Business Inc, formerly known as DePuy Orthopaedics Inc., resolves allegations that DePuy unlawfully promoted its metal-on-metal hip implant devices, the ASR XL and the Pinnacle Ultamet.
“It is essential that companies which provide medical devices live up to their obligation to provide accurate and up-to-date information for both doctors and patient/consumers,” said Nessel. “This settlement will help ensure doctors are provided with better information for use when caring for their patients.”
The attorneys general allege that DePuy engaged in unfair and deceptive practices in its promotion of the ASR XL and Pinnacle Ultamet hip implant devices by making misleading claims about the longevity of their metal-on-metal hip implants.
Some patients who required surgery to replace a failed ASR XL or Pinnacle Ultamet implant suffered from 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 DePuy discontinued its sale of the Pinnacle Ultamet in 2013.
As part of the Consent Judgment, DePuy will reform how it markets and promotes its hip implants.
The investigation was led by the attorneys general of Texas and South Carolina with an executive committee consisting of the Attorneys General of Florida, Indiana, North Carolina, Ohio, Pennsylvania, and Washington. Also participating in the settlement are Alabama, Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, District of Columbia, Georgia, Hawaii, Idaho, Illinois, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Mexico, New York, North Dakota, Oklahoma, Pennsylvania, Rhode Island, South Dakota, Tennessee, Utah, Vermont, Virginia and Wisconsin.