STORY FROM: Hip & Knee Implant Litigation

1st Cir. Refuses to Reconsider Reinstatement of FCA Claims Involving Pinnacle Hip Device

BOSTON — A federal appeals court has refused to reconsider its restatement of a False Claims Act lawsuit accusing DePuy Orthopaedics Inc. and Johnson & Johnson of palming off latently defective versions of their Pinnacle hip replacement device on unsuspecting doctors who sought government reimbursement for the devices.

The 1st Circuit U.S. Court of Appeals rejected the manufacturers’ argument that its July 26 ruling has opened the floodgates to “parasitic FCA” lawsuits. DePuy and Johnson & Johnson say they plan to file a petition for certiorari with the U.S. Supreme Court.

The relators, Drs. Antoni Nargol and Robert Langton, alleged ...

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