The Johnson & Johnson logo is displayed on a screen on the floor of the New York Stock Exchange. REUTERS/Brendan McDermid
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(Reuters) - A federal judge on Wednesday tossed a lawsuit accusing Johnson & Johnson of defrauding the government by marketing defective hip-replacement devices, as a sanction for the misuse of confidential records the plaintiffs had access to in related litigation.
U.S. Magistrate Judge Page Kelley in Boston said two British orthopedic surgeons who served as expert witnesses in mass tort litigation over the hip implants violated court orders by using material from those cases in their whistleblower lawsuit.
The judge said repeated attempts by the court to hold Antoni Nargol and David Langton to their obligations under a protective order to keep the information confidential have proven futile, "making dismissal the most appropriate sanction."
The whistleblowers have shown "that they are unable to comply with orders from this and other courts and that their representations regarding their purported compliance are unreliable," Kelley wrote.
Justin Presnal, a lawyer for the doctors at Simmons Hanly Conroy, did not respond to a request for comment. J&J, represented by Mark...
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