Pharmaceutical giant Johnson & Johnson has asked that a bench trial for vaginal mesh litigation be cut short, seven weeks in. Pelvic mesh is often used to repair damage caused by stress urinary incontinence (SUI) and pelvic organ prolapse (POP).

Johnson & Johnson is currently undergoing a bench trial (that is, a trial by judge rather than by jury) over claims by the state that Ethicon, a J&J subsidiary, engaged in the misleading marketing of its pelvic mesh devices to California doctors and patients. The trial has so far lasted for seven weeks.

According to the vaginal mesh litigation, Ethicon omitted certain potential complications of pelvic mesh devices in their instructions for use (IFU).

Johnson & Johnson argued that the trial should be cut short on the grounds that the state was reusing evidence from federal product liability lawsuits, which the company claims does not actually prove California doctors and patients were deceived by misleading marketing.

“The court did not hear from California surgeons who use Ethicon’s mesh devices, the court did not hear from Ethicon sales representatives in California about what they may or may not have said and the court did not hear from California patients,” said Johnson & Johnson’s representation according to Law360.

Johnson & Johnson argued that surgeons would not expect all potential complications of a device to be included in the instructions for use, and that doctors are also not likely to be misled. Indeed, the attorney argued that practicing surgeons often don’t look at IFUs.

However, California Deputy Attorney General Devin Mauney argued that the pharmaceutical giant cannot distribute deceptive marketing materials with the expectation that doctors will be able to correct this information for patients.

“[Johnson & Johnson’s] position is they can say anything they want to patients as long as some doctor, somewhere corrects that misleading information. And that’s just not how the law works, and for good reason,” argued Mauney. “Doctors, too, as the testimony has shown, were unaware of the full range of risks specific to the mesh.”

The state of California filed its pelvic mesh lawsuit in May 2016 (on the same day that the state of Washington filed a similar suit) and seeks approximately $960 million in civil penalties.

Filing a Pelvic Mesh Lawsuit

More and more patients are reporting suffering from serious complications associated with their pelvic mesh devices. Along with states like California and Washington, thousands of individual patients have also turned to vaginal mesh litigation against device manufacturers, according to The Washington Post.

And in April 2019, the FDA ordered that certain manufacturers of transvaginal mesh stop selling their products immediately.

If you or someone you love has suffered from complications after being implanted with pelvic mesh, you may be able to file a lawsuit and pursue compensation. Of course, filing a lawsuit cannot take away the pain and suffering caused by these complications, but it can at least help to alleviate the financial burden incurred by medical expenses, lost wages, and more.

Filing a lawsuit can be a daunting prospect, especially while dealing with side effects, so Top Class Actions has laid the groundwork for you by connecting you with an experienced attorney. Consulting an attorney can help you determine if you have a claim, navigate the complexities of litigation, and maximize your potential compensation.