DePuy Pinnacle Hip Implant Lawsuit Update: Plaintiffs Demand Documents on Surgeon Kickback Investigation
A recent motion from plaintiffs in the DePuy Pinnacle hip implant lawsuit tries to compel defendants DePuy Orthopaedics Inc. to produce documents regarding a 2007 investigation into whether the company bribed doctors to use DePuy hip implants.
The motion was submitted on December 24, 2012 by the plaintiffs’ steering committee in the DePuy Pinnacle MDL, currently underway in the U.S. District Court for the Northern District of Texas, after DePuy claimed that the materials the plaintiffs sought were not relevant.
The U.S. District Attorney began a criminal investigation in 2007 to determine whether DePuy had violated the federal Anti-Kickback Statute. According to allegations in the Deferred Prosecution Agreement, between 2002 and 2006, DePuy offered illegal payments (“consulting agreements”) to surgeons to persuade them to use DePuy knee and hip replacement products, “in effect bribing doctors.”
Company Documents Uncovered in DePuy Pinnacle Hip Implant MDL
DePuy argued that though the illegal kickback scheme involved DePuy products, it did not only involve Pinnacle and other metal-on-metal hip systems. According to the Pinnacle MDL steering committee, “In effect, DePuy argues that while a scheme to pay doctors to use only the Pinnacle System might be relevant, a scheme to pay doctors to use the Pinnacle system and other products is not. This distinction is untenable. If DePuy paid doctors to use and promote Pinnacle hips, plaintiffs are entitled to learn the details.”
DePuy has produced approximately 60 million pages of documents from over 400 current and former employees in the DePuy Pinnacle and DePuy ASR hip MDLs. More documents may still be produced in the discovery process.
Patients who received a metal-on-metal DePuy Pinnacle hip implant and suffered from side effects such as pain and swelling, inflammation, metallosis or hip replacement failure are filing lawsuits against the manufacturer of the implants seeking compensation for their injuries and expenses. The DePuy Pinnacle hip implant has a similar design to the DePuy ASR hip implant, which was recalled in August 2010 because of unacceptably high failure rates.
DePuy Pinnacle hip lawsuits allege that the company designed a defective product and failed to warn patients about its risks. If you received a defective DePuy Pinnacle hip implant, speak to a lawyer today to learn more about how to protect your legal rights. Call 1-877-779-1414 for a free case review.