Vermont to receive over $1.2 million in a settlement regarding hip implant devices

MONTPELIER, Vt. — Attorney General T.J. Donovan announced today that he and 45 other attorneys general reached 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. Vermont will receive over $1.2 million pursuant to the settlement.

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 as to the longevity of metal-on-metal hip implants. The ASR XL was recalled from the market in 2010. DePuy discontinued its sale of the Pinnacle Ultamet in 2013. Those allegations are reflected in the Complaint filed by the Vermont Attorney General.

As part of the settlement, DePuy has agreed to reform how it markets and promotes its hip implants, including that it will base claims of longevity, stability or dislocations on scientific information, maintain a post- market surveillance program and complaint handling program, and update and maintain internal product complaint handling operating procedures such as training complaint reviewers.

“Accurate and up-to-date information for doctors and patients is vital for appropriate health care,” said Donovan. “The settlement announced today helps to ensure that important information reaches doctors so they can care for their patients.”