DePuy, J&J Challenge 1st Cir.’s Reinstatement of FCA Claims Involving Pinnacle Hip Device

BOSTON — DePuy Orthopaedics Inc. and Johnson & Johnson have asked a federal appeals court to reconsider its restatement of claims accusing them of palming off latently defective versions of its Pinnacle hip replacement device on unsuspecting doctors who sought government reimbursement for the devices.

In a Sept. 8 motion for rehearing filed before the 1st Circuit U.S. Court of Appeals, the manufacturers say the relators should be held to a higher standard of proof regarding their allegation that false claims for payment were submitted to the government and that the appellate court’s July 26 ruling has opened the floodgates …