Johnson & Johnson to
pay $2.5 billion to settle hip-implant lawsuits.
News
that Johnson & Johnson’s Depuy Orthopaedics Inc. agreed to pay about $2.5
billion to settle thousands of lawsuits allegedly injured by its artificial hip
implants was widely covered by the national media Tuesday. Several media
outlets said the settlement doesn’t mean J&J’s legal woes are over as it
still faces lawsuits over Pinnacle hip implants and vaginal mesh implants. The New York Times (11/20, Meier, Subscription
Publication, 9.61M) reports that though Johnson & Johnson agreed to the
settlement Tuesday, “it was not clear whether the deal would satisfy enough
claimants.” Under the agreement, the medical products firm “would pay nearly
$2.5 billion in compensation to an estimated 8,000 patients who have been
forced to have the all-metal artificial hip removed and replaced with another device.”
The paper says J&J has also agreed to pay “all medical costs related to
such procedures,” costs which could increase Johnson & Johnson’s costs to
$3 billion.
The Los Angeles Times (11/19, 3.07M) reports the
company agreed to “pay an average of about $250,000 for each surgery and cover
related medical costs,” according to Susan Sharko, one of the company’s
lawyers. The paper says the firm “recalled 93,000 ASR hip implants worldwide in
August 2010, saying 12% failed within five years.”
The Wall Street Journal (11/20, Rockoff,
Subscription Publication, 5.91M) the company’s legal troubles won’t end with
this settlement as it still has to grapple with more than 23,000 lawsuits over
surgical-mesh products implanted in women in an effort to provide relief from
pain in pelvis after childbirth.
Bloomberg News (11/20, Feeley, Voreacos,
1.91M) provides additional details of the implants, noting that J&J had
“touted the metal-on-metal implants, first sold in the U.S. in 2005, as a new
design that would last 20 years and offer greater range of motion.” But with
rising failures, patients complained “in lawsuits that the metal-on-metal
implant caused dislocations, pain and follow-up surgeries known as revisions.” Many
claimed that “debris from the chromium and cobalt device” resulted in “tissue
death and increased metal ions in the bloodstream.”
Internal documents allegedly suggest officials were aware of
problems since 2008. The AP (11/20, Perrone, Seewer) gives details of
the artificial hip, known as the Articular Surface Replacement, or ASR, which
was “sold for eight years to some 35,000 people in the U.S. and more than
90,000 people worldwide.” J&J, based in New Brunswick, NJ, “stopped making
the product in 2009 and recalled it the next year.” The AP says internal
J&J documents “unsealed in the case suggest that company officials were aware
of problems with the device at least as far back as 2008.” The article, citing
a deposition from a J&J official, says “a 2011 company review of a patient
registry concluded that more than one-third of the implants were expected to
fail within five years of their implantation.” In general orthopedic hips are
expected “to last at least 10 to 20 years.”
Modern Healthcare (11/19, Lee, Subscription Publication,
224K) says the settlement comes “just weeks after” the company “agreed to pay
$2.2 billion to settle allegations that it illegally marketed the antipsychotic
drug Risperdal and two other medications.” Dr. Geoffrey Westrich, director of
research for the adult reconstruction and joint replacement division at the
Hospital for Special Surgery in New York, said “patients having problems with
the implants generally experience three types of responses.” One group, he
says, “clearly” need “revision surgery.” The other group is “not symptomatic or
suffering any pain, but MRIs indicate” patients in the group “have adverse
tissue reactions and elevated metal ion levels.” They may also need revision
surgery. A third group of patients could end up with slightly elevated ion
levels and will have to be monitored, reports Modern Healthcare.
The Financial Times (11/20, Subscription
Publication, 1.43M), Reuters (11/20, Dye) and Asbury Park (NJ) Press (11/19, 324K) all cover
the news.
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