1st Cir. Reinstates Qui Tam Claims Accusing DePuy, J&J of Selling Defective Pinnacle Hip Devices

BOSTON — A federal appellate court has reinstated claims accusing DePuy Orthopaedics Inc. and Johnson & Johnson of palming off latently defective versions of its Pinnacle hip replacement device on unsuspecting doctors who sought government reimbursement for the devices, finding they were pled with sufficient particularity.

However, in the July 26 opinion, the 1st Circuit U.S. Court of Appeals dismissed claims that DePuy and J&J made false representations to the Food and Drug Administration during the Pinnacle device’s approval process. Because the FDA did not withdraw approval when presented with relators’ allegations, relators are precluded from basing their claims on …