Attorneys general for 46 states recently came to an agreement for a multi-million-dollar settlement from Johnson & Johnson (J&J) for deceptive advertising about the durability of hip implants. The states sued the hip implant manufacturer alleging that they knowingly made false statements in promoting the longevity of two of their widely used hip replacement systems. J&J marketing information maintained that the devices had a 90 percent success rate five years after implantation. Yet, the lawsuit claimed that research in Europe of cases involving these devices demonstrated that the systems had only a five percent durability rate after five years, a significant difference.
They alleged that J&J was aware of this and continued to market the false information to medical providers and patients. When the implants failed, the patients reported numerous major health issues, including metal poisoning, significant pain, allergic reactions, and some even required a second surgery to replace the devices, which failed after a far shorter period than the company claimed.
Millions of people count on a myriad of medical and technological devices to keep them healthy and address a range of medical conditions. Today, it is not uncommon for patients to use hip replacement devices, contraceptive inserts, pacemakers, knee replacements, prosthetics, and many other technologies. Medical devices can offer patients significant benefits when they work. When they fail due to defects in manufacturing or installation, or are falsely advertised, patients suffer the consequences.
In the J&J case, the settlement does not include an admission of liability. The company has agreed to settle with the states for a total of $120 million for the charge of unfair and deceptive advertising. This is not the first J&J hip implant case; the company has been on defense for its hip replacement products since 2010 and is subject to a variety of multi-million-dollar legal cases. For anyone who has received a hip implant and is experiencing adverse effects, the guidance of a skilled hip replacement lawyer is essential to ensuring your medical care is fully compensated.
The current agreement requires J&J to revise its scientific research to accurately reflect the longevity of its products. It also requires the company to overhaul its procedures for patient medical complaints of adverse effects and to better track and monitor patients after they receive the device. Patients who suffer medical complications from a device that is intended to treat their condition deserve better.
If you were harmed by a defective hip replacement device, the Philadelphia hip replacement lawyers at Brookman, Rosenberg, Brown & Sandler work to obtain victims the compensation and medical treatment they deserve. Located in Philadelphia, we represent clients in Delaware County, Chester County, Philadelphia County, Pennsylvania, and New Jersey. Please call us at 800-369-0899 or contact us online for a free consultation.