J&J loses challenge to $302 million judgment over pelvic mesh marketing
Send a link to a friend
[February 22, 2023]
By Brendan Pierson
(Reuters) -The U.S. Supreme Court on Tuesday let stand a $302 million
judgment against Johnson & Johnson in a lawsuit brought by the state of
California accusing the company of concealing the risks of its pelvic
mesh products.
The court, following its usual practice, did not give any reason for
refusing to hear J&J's appeal.
J&J had argued to the Supreme Court that state consumer protection laws
like California's are too vague, exposing companies to unpredictable
state lawsuits. Business groups including the U.S. Chamber of Commerce
backed the company.
California Attorney General Rob Bonta in a statement called the court's
decision "a definitive win in our fight for justice."
J&J said in a statement that the Supreme Court's rejection of the case
will lead to continued "uneven, unclear and unfair enforcement that
harms both consumers and businesses."
![](http://archives.lincolndailynews.com/2023/Feb/22/images/ads/current/humanesociety_sda022411.png)
California sued New Jersey-based J&J in 2016 in San Diego Superior
Court. The case stemmed from a multistate investigation into J&J
subsidiary Ethicon Inc's marketing of pelvic mesh devices, which are
surgical implants that were used to treat incontinence and other
conditions.
J&J and other mesh makers were already facing numerous private lawsuits
by women who said they suffered pain, urinary problems, bleeding and
other serious injuries from the devices. The lawsuits have resulted in
more than $8 billion in settlements.
[to top of second column]
|
![](../images/022223PIX/health64.jpg)
Johnson & Johnson company offices are
shown in Irvine, California, U.S., October 14, 2020. REUTERS/Mike
Blake/
![](http://archives.lincolndailynews.com/2019/Sep/05/images/ads/current/stclara_lda_SPONSOR_090519.png) J&J, which stopped selling pelvic
mesh in 2012, has denied wrongdoing. In 2019, the U.S. Food and Drug
Administration ordered all pelvic mesh devices off the market.
Later that year, 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.
California did not take part in that settlement, and its lawsuit
resulted in a $344 million judgment in January 2020 following a
non-jury trial.
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 last year cut $42 million off the
award.
(Reporting By Brendan Pierson in New York, Editing by Alexia
Garamfalvi, Deepa Babington and Bill Berkrot)
[© 2023 Thomson Reuters. All rights
reserved.]This material may not be published,
broadcast, rewritten or redistributed.
Thompson Reuters is solely responsible for this content.
![](http://archives.lincolndailynews.com/2023/Feb/22/images/ads/current/charrons_bch_2022.png) |