Attorney General Curtis Hill announced today that he and 45 other attorneys general reached a $120 million consent judgment 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.
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 overstating the longevity (also known as survivorship) of metal-on-metal hip 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 – 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.
Under the settlement, Indiana shall receive $3.5 million.
Indiana was one of eight states on the executive committee for this investigation, which was led by South Carolina and Texas.