Johnson & Johnson’s (JNJ) DePuy Synthes Ran “Amok” Marketing Pinnacle Hips-Jury Told
September 4, 2014
Johnson & Johnson’s subsidiary DePuy Synthes’ first of their 6,000 federal cases for a hip implant known as Pinnacle began in Dallas under U.S. District Judge Ed Kinkeade this week. These cases are different from the Johnson & Johnson DePuy Synthes’ ASR hip implants where 93,000 devices were recalled and JNJ agreed to pay $2.5 billion in a settlement with The Department of Justice.
According to Bloomberg:
Johnson & Johnson’s DePuy Synthes unit ignored signs the Pinnacle hips suffered from design flaws and assured doctors the metal devices worked “99.9 percent of the time,” Mark Lanier, a lawyer for a Montana woman who sued after complications forced her to have the device removed, told jurors today in Dallas federal court on the first day of trial of her lawsuit.
“They didn’t tell people they were basically guinea pigs,” Lanier said in opening statements.
Lanier’s client, 58-year-old Kathleen Herlihy-Paoli, claims the metal hips made by Johnson & Johnson (JNJ), the world’s largest health-care company, leaked cobalt and chromium material into her bloodstream, causing an infection that required the devices to be surgically removed.
Much like in the 22,000 federal cases Johnson & Johnson’s Ethicon’s Gynecare faces in West Virginia under U.S. District Judge Joseph Goodwin the Pinnacle hip cases are consolidated to one location (Dallas) to aid the federal court system. So currently Johnson & Johnson has over 26,000 cases in federal court (that we’re aware of-that’s not to say others won’t file suits later or counting those False Claims cases under seal that the public doesn’t yet know about).
All of that’s on top of Johnson & Johnson’s Janssen Pharmaceuticals paying $2.2 billion in 2013 to The Department of Justice for Risperdal.
Johnson & Johnson’s (JNJ) bid to convince doctors the metal-on-metal version of its Pinnacle hip implants were safe amounted to “marketing run amok,” a Lanier told jurors in the first case over the devices to go to trial.
Fact based evidence over time supports that Johnson & Johnson’s marketing isn’t the only thing to “run amok” at the company; and, until The Department of Justice stops allowing companies like JNJ to “do a crime and pay a fine” and starts holding executives to the “do the crime do time” philosophy we’re likely to see JNJ holding court in all 50 states.
Note to media: Please use Johnson & Johnson (JNJ) and each their subsidiaries each time throughout the story to not allow them to distance from their crimes via SEO. This isn’t Europe where “right to be forgotten” applies after all. Also the use of (JNJ) over J&J as it links to the company’s finance and stock for greater company accountability.