July 2, 2014
The Assurance of Voluntary Compliance (AVC) filed in Multnomah County Circuit Court today resolves allegations that DePuy repeatedly violated the Unfair Trade Practices Act (UTPA) when it made claims about the ASR XL artificial hip device that were false, unsubstantiated, or contradicted by other data. Specifically, the claims were that DePuy represented to Oregon physicians and patients that the ASR XL hip functioned properly, when evidence showed the hip was failing at unusually high rates. Even as other evidence and indications pointed to a critical design flaw in the hip implants, DePuy publically maintained that their product was fine. DePuy eventually conducted a nationwide recall of the hip device in 2010.
In addition to the $4,000,000 payment to the state, DePuy is prohibited from making any false, misleading, or deceptive representation when marketing or promoting its hip replacement products; or from representing that any hip replacement product has approval, uses, benefits or qualities that it does not have.
Attorney General Rosenblum commended the dedicated work of Assistant Attorney General David Hart and his DOJ team who handled the case for the Oregon Department of Justice.
Kristina Edmunson, Department of Justice, Kristina.Edmunson@doj.state.or.us, 503-378-6002