Dec. 11, 2010: DePuy Orthopaedics Paid Surgeons to Promote Defective Devices as Concerns Loomed and Complaints Mounted

DePuy Orthopaedics, a division of beleaguered pharmaceutical Johnson & Johnson, and maker of the recalled ASR XL Acetabular and ASR Hip Resurfacing Systems, paid hefty fees to physicians to market its devices.
DePuy paid out an astounding $80.8 million since last year to fund about 200 doctors in the United States for promotion, research, and so-called consulting fees, according to The New Haven Independent: Nearly $48 million in 2009 and close to $33 million from January to September 2010.

DePuy provides information on these payments on its website at www.depuy.com/corporate-information/depuy-divisions/depuy-orthopaedics/find-surgeon. There are no yearly totals; however, information is broken down by physician. Some physicians were paid over $1 million and some payments were being made as issues were surfacing about the defective DePuy ASR Systems. DePuy finally issued a global recall of its ASR XL Acetabular and ASR Hip Resurfacing Systems this August.

Meanwhile, DePuy was one of four medical device makers that were the focus of a Justice Department criminal complaint alleging that kickbacks were paid to surgeons for use of these systems. Ultimately, DePuy paid a $84.7 million fee and agreed to only pay doctors for legitimate consulting services.

The implants were failing at higher-that-typical rates versus other, similar devices and, according to DePuy, approximately 13 percent of patients had to endure revision surgery after only five years. Traditionally, replacement surgeries are needed after 15 years.

Both recalled DePuy devices are constructed of metal-on-metal elements. As these components rub against each other, metal pieces are released into the body, which can accumulate, leading to significant health issues. According to an editorial in a recent issue of The Journal of Arthroplasty, authored by three key physicians in the field, metal hip implants "do not show any clinical advantage," but "are producing a new series of complications," quoted Drug Watch.

Lawsuits continue to mount against DePuy.

If you have been implanted with one of these defective devices, you should immediately seek advice from a lawyer that is knowledgeable about the DePuy hip implant recall and the injuries associated with these hip implants. For a free consultation with such an attorney, complete the form to the right or call 212-566-1000.  Based in New York City, Sullivan & Brill, LLP represents clients throughout the United States.

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