Johnson & Johnson reach $117m settlement over misleading marketing

Joanna Estrada
October 19, 2019

Johnson & Johnson and its Ethicon surgical products unit reached the settlement with 41 states, including ME, and the District of Columbia.

"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 in a statement.

Johnson & Johnson sold transvaginal surgical mesh devices that were surgically implanted in women to help them with bladder issues or to help them when organs shift from their original positions.

A group of state attorneys general argued after an investigation that marketing by J&J and its Ethicon unit misrepresented the safety of the device, which is alleged to damage organs and leave women in constant pain, according to Ohio Attorney General David Yost.

The Department says Montana will receive $1.4 million under the settlement.

Under the settlement, the companies can no longer claim the device is "FDA approved" as it was not certified as such.

"While precise information is not available, the Attorney General's Office believes hundreds of those have been adversely impacted so far, ranging from having to go back for another procedure, to having their quality of life impacted dramatically", Washington Attorney General Bob Ferguson said in April.

Ensure that product training provided to medical professionals covers the risks associated with the mesh. Such incontinence is estimated to affect 3% to 17% of women and can be severe after age 70.

J&J in a statement on Thursday said the settlement contains no admission of liability or misconduct on the part of Ethicon. Those lawsuits aren't affected by the settlement.

The settlement comes as J&J is swamped with thousands of lawsuits claiming patients were harmed by products including baby powder, opioid painkillers and prescription drugs. Headlines about the litigation and big jury verdicts against J&J, including an $8 billion punitive award to a young man who grew breasts while taking Risperdal, have depressed J&J's stock price for almost a year.

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.

J&J shares closed Thursday up $1 to $136.17, still well below their 52-week high of $148.99 late last fall.

Other reports by Click Lancashire

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