Johnson & Johnson to pay $120 million to 46 states including Ohio

The Columbus Dispatch | Tim Feran

Johnson & Johnson and its DePuy Orthopaedics unit have reached a $120 million settlement with Ohio Attorney General Dave Yost and 45 other state attorneys general to resolve allegations that the companies used deceptive marketing to promote their metal-on-metal hip implant devices.

Under the settlement, Ohio will receive $4.4 million of the $120 million.

DePuy allegedly engaged in unfair and deceptive practices in their promotion of the ASR XL and Pinnacle Ultamet hip implant devices by making misleading claims as to the longevity of their metal-on-metal hip implants.

Some patients had to have surgery to replace a failed ASR XL or Pinnacle Ultamet implant after they 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. DePuy discontinued its sale of the Pinnacle Ultamet in 2013.

“Accurate and up to date information for both doctors and patient/consumers is critical for appropriate health care,” Yost said in a statement. “Surgeons who implant devices like these need to have the most accurate information concerning patient outcomes, and today’s settlement helps ensure that vital information will be provided to doctors, so they can properly treat their patients.”

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