Delayed recalls, early device failure and metal poisoning have all been linked to DePuy Orthopedics and its ASR XL Acetabular System hip implant, but it may not be the emerging information that is most intriguing, but what DePuy did three years ago that is making all the details connect.
From 2002-2006, DePuy allegedly entered into consulting agreements with physicians who received cash payments, trips and other inducements if they used DePuy products without disclosing their financial relationship with the company to their patients. As a DePuy hip recall attorney , the kickback charges raise serious questions about the company’s motives in producing these devices.
In 2007, DePuy faced criminal charges for those kickbacks and the federal False Claims Act, which they chose to have dismissed by signing a Deferred Prosecution Agreement and paying civil settlements to the Departments of Justice and Health and Human Services for $84.7 million.
Just three years later, the U.S. Food and Drug Administration recalled the same DePuy devices the company allegedly paid doctors to install in patients, leaving them with a high-risk failing device and potentially requiring difficult revision surgery.
As a South Carolina Personal Injury Attorney , it seems like the kickback scheme was obviously aimed at collecting a maximum number of Medicare reimbursements. As the DePuy case gets more complicated, it is important to have a DePuy hip recall attorney on your side.