J&J’s Challenge to $302 Million Pelvic Mesh Marketing Judgment Rejected

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The U.S. Supreme Court has declined to hear Johnson & Johnson’s (J&J) appeal of a $302 million judgment against the company in a lawsuit brought by the state of California. The state accused J&J of concealing the risks of its pelvic mesh products, and the judgment was initially awarded in January 2020 after a non-jury trial. J&J argued that state consumer protection laws, such as those in California, are too vague and could expose companies to unpredictable lawsuits. Business groups, including the U.S. Chamber of Commerce, backed J&J.

Pelvic mesh devices are surgical implants used to treat incontinence and other conditions. J&J subsidiary Ethicon Inc marketed the devices, which led to a multistate investigation. J&J and other mesh makers were already facing numerous private lawsuits from women who said they suffered pain, urinary problems, bleeding, and other severe injuries from the devices. These lawsuits resulted in more than $8 billion in settlements. J&J stopped selling pelvic mesh in 2012, and in 2019, the U.S. Food and Drug Administration ordered all pelvic mesh devices off the market.

In 2019, J&J and Ethicon reached a $117 million settlement with 41 states and the District of Columbia to resolve claims that they concealed the products’ risks. However, California did not participate in that settlement, and its lawsuit against J&J resulted in the $344 million judgment in January 2020. A judge found that Ethicon’s marketing materials about the mesh devices and its instructions for using them deceived doctors and patients by failing to disclose serious risks, violating the state’s unfair competition and false advertising laws. A California appellate court later cut $42 million off the award.

  

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California Attorney General Rob Bonta hailed the Supreme Court’s decision as “a definitive win in our fight for justice.” J&J, on the other hand, J&J said that the decision will lead to continued “uneven, unclear, and unfair enforcement that harms both consumers and businesses.”

The legal battle over pelvic mesh has been ongoing for years, with J&J and other manufacturers facing thousands of lawsuits from women who claim they suffered severe injuries due to the devices. The products were marketed as a solution for pelvic organ prolapse and stress urinary incontinence. Still, the lawsuits alleged that they caused severe complications, including chronic pain, infections, and organ perforation.

In recent years, J&J has faced numerous legal challenges related to its products, including baby powder, which has been linked to cancer. The company has paid billions of dollars in settlements and fines over the past few years, and some analysts have expressed concern about the impact of these legal issues on J&J’s reputation and bottom line. The Supreme Court’s decision not to hear J&J’s appeal in the pelvic mesh case is a significant blow to the company and could lead to further legal challenges.

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J&J loses challenge to $302 million judgment over pelvic mesh marketing