Johnson & Johnson Urge Court To Reconsider Hip Lawsuit Revival
Trial Could Open Door To Flimsy Hip Implant Lawsuits
September 13, 2017
Johnson & Johnson and its subsidiary DePuy Orthopaedics, which manufactures many of the most prominent and allegedly defect-riddled hip replacement devices, have urged a panel of the First Circuit Court to reconsider its partial revival of a suit that alleges that the companies submitted to the government false claims for faulty hip replacement products.
The companies made the request on the grounds that, according to the companies, the plaintiffs who filed the charges of misconduct in the original 2014 suit have not provided evidence of any specific false claims. The companies stated that granting a trial on an allegedly thin basis such as this would open the doors to a host of lawsuits that, in the companies’ opinions, would be flimsy.
The plaintiffs in the original suit alleged that the DePuy Pinnacle hip replacement device, which is notable for having the metal-on-metal construction that has been the source of many allegations of health complications, possessed a manufacturing defect, yet, the suit alleges, Johnson & Johnson and DePuy nevertheless submitted direct claims for the device to federal and state government agencies, an action that indirectly encouraged health care providers to submit false claims for the devices.
The suit was dismissed last year, but the First Circuit Court revived the portion of the suit concerning the indirect false claims submitted by health care providers.
DePuy and its parent company continue to insist that the plaintiffs have not submitted evidence of the alleged indirect false claims under current legal precedent.
The complex case is proceeding in New York.
If you’ve been injured by a defective metal-on-metal hip replacement device such as the DePuy Pinnacle, you may wish to file a lawsuit or join an existing suit against DePuy and Johnson & Johnson.
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