$117 Million Multistate Settlement with J&J Over Deceptive Mesh Marketing

Mesh Medical Device News Desk, October 17, 2019 ~ The business model for Johnson & Johnson and its Ethicon Inc. medical device subdivision appears to be - Push ahead and if caught, pay the fines.

* Ohio Attorney General Dave Yost today announced a multistate settlement requiring Johnson & Johnson and its subsidiary Ethicon Inc. to pay nearly $117 million for their deceptive marketing of transvaginal surgical mesh devices, with Ohio receiving $6.3 million under the settlement.

* J&J has just offered $4 billion to settle about 2,000 lawsuits connected with its role in the opioid addiction crisis.  See story here.

* The New Brunswick, N.J., healthcare company also recently agreed to a $20.4 million settlement of opioid lawsuits brought by two Ohio counties. That on the eve of a trial scheduled to start next week.

* Last Week, J&J was hit with $8 billion in punitive damages from a Philadelphia jury over its antipsychotic drug, Risperdal.

The following is from a press release issued by the Ohio Attorney General's office over the latest 41 state settlement.

There is no admission of liability in the settlement and this multistate settlement does not include the ongoing, pending Attorneys General cases filed against JNJ by California, West Virginia, Kentucky and Mississippi.
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(COLUMBUS, Ohio) — Ohio Attorney General Dave Yost today announced a multistate settlement requiring Johnson & Johnson and its subsidiary Ethicon Inc. to pay nearly $117 million for their deceptive marketing of transvaginal surgical mesh devices, with Ohio receiving $6.3 million under the settlement.

A multistate investigation found the companies violated state consumer protection laws by misrepresenting the safety and effectiveness of the devices and failing to sufficiently disclose risks associated with their use.

“Patients can’t make the best decision for their health unless they and their health care providers know all the pros and cons of a product,” Yost said. “These companies didn’t paint a clear picture of the device’s medical risks, preventing patients from making well-informed decisions.”

Transvaginal mesh is a synthetic material that is surgically implanted through the vagina to support the pelvic organs of women who suffer from stress urinary incontinence or pelvic organ prolapse.

The multistate investigation found the companies misrepresented or failed to adequately disclose possible adverse effects, including the risk of chronic pain and inflammation, mesh erosion through the vagina, incontinence developing after surgery, painful sexual relations and vaginal scarring. Evidence shows the companies were aware of the possibility for serious medical complications but did not provide sufficient warnings to consumers or surgeons who implanted the devices.

Under the settlement, Johnson & Johnson has agreed to pay $116.9 million to the 41 participating states and the District of Columbia. The settlement also provides injunctive relief, requiring full disclosure of the device’s risks and accurate information on promotional material, in addition to the product’s “information for use” package inserts.

Among the specific requirements, the companies must:

• Refrain from referring to the mesh as “FDA approved” when that is not the case.
• Refrain from representing in promotions that risks associated with mesh can be eliminated with surgical experience or technique alone.
• Ensure that product training provided to medical professionals covers the risks associated with the mesh.
• Omit claims that surgical mesh stretches after implantation, that it remains soft after implantation, that foreign body reactions are transient and that foreign body reactions “may” occur (when in fact they will occur).
• Disclose that mesh risks include: fistula formation, inflammation, as well as mesh extrusion, exposure and erosion into the vagina and other organs.
• Disclose risks of tissue contraction, pain with intercourse, loss of sexual function, urge incontinence, de novo incontinence, infection following transvaginal implantation and vaginal scarring.
• Disclose that risks include that revision surgeries may be necessary to treat complications, that revision surgeries may not resolve complications and that revision surgeries are also associated with a risk of adverse reactions.

Joining Ohio in this multistate settlement are Alabama, Alaska, Arizona, Arkansas, Colorado, Connecticut, Delaware, District of Columbia, Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Louisiana, Maine, Maryland, Massachusetts, Michigan, Missouri, Montana, Nebraska, Nevada, New Jersey, New Mexico, New York, North Carolina, North Dakota, Oklahoma, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia and Wisconsin.