J&J, DePuy To Face Partly Revived FCA Suit Over Hip Device

By Melissa Daniels (July 26, 2017, 10:09 PM EDT) -- A First Circuit panel on Wednesday partially revived claims against Johnson & Johnson and its subsidiary DePuy Orthopaedics Inc. in a False Claims Act suit filed by two whistleblower physicians over allegedly defective hip replacement devices.

The panel agreed with a lower court's decision to dismiss parts of the complaint that accused the companies of making false statements to the FDA over its marketing of a hip replacement device. But it revived claims connected to accusations that DePuy caused physicians to seek government reimbursement for devices that didn't match the FDA-approved designs, saying the claims were properly pled.

The panel said...

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