Attorney General Curtis Hill has announced a $120 million settlement with Johnson & Johnson and DePuy to resolve allegations that DePuy unlawfully promoted its metal-on-metal hip implant devices, the ASR XL and the Pinnacle Ultamet. Under the settlement, Indiana will receive $3.5 million.
Hill and 45 other attorneys general allege that DePuy engaged in unfair and deceptive practices when advertising the implants.
Some patients who required hip implant revision surgery to replace a failed ASR XL or Pinnacle Ultamet implant experienced persistent groin pain, allergic reactions and tissue necrosis and even 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.
“Products and services related to health care are among the most important consumer items purchased by Hoosiers,” Attorney General Hill said. “We will always put a high priority on holding accountable those involved in all aspects of the health-care industry. These entities must be honest and transparent in their marketing practices. Both doctors and patients need to be able to trust the information they receive from these providers of goods and services. The settlement announced today helps advance this cause.”
Indiana was one of eight states on the executive committee for this investigation, which was led by South Carolina and Texas.