The most recent product liability lawsuit Johnson and Johnson is facing is over a vaginal mesh implant used to treat sagging organs and urinary incontinence. The company is currently facing more than 23,000 suits over the devices, and has agreed to settle on four cases after stubbornly refusing to enter any sort of settlement talk since 2012, and despite the fact that the US Food and Drug Administration ordered it to conduct a study on the rates of organ damage and other complications linked to the implants. In 2007, the FDA sent a letter to Johnson and Johnson asking them to cease advertising until they had provided “adequate information” on sixteen possible deficiencies, saying that they would be in violation of the Federal Food, Drug and Cosmetic Act if they continued to market the device without inspecting it. Johnson and Johnson’s Ethicon unit had apparently begun marketing one of its vaginal mesh devices, the Gynecare Prolift implant, in 2005, yet it did not receive clearance from the FDA until 2008.
Victims complain that once the implant is inserted, it erodes or shrinks, causing organ damage, chronic pain, and difficulty during sexual intercourse. They also claim that the company knew about the flaws in the implant’s design, and failed to properly warn users of the risks. Other companies that produce vaginal mesh implants have been setting aside money to settle claims in the wake of rising complaints. Endo International Plc has set aside $1.2 billion, and Bard has set aside $21 million.
Even though they agreed to settle on the four cases, Johnson and Johnson has not admitted to any wrongdoing on their part with development and marketing of the vaginal mesh inserts. “Lawsuits are examined individually in light of the individual nature of the claims,” says spokeswoman, Samantha Lucas. “In some individual cases, the company may consider whether settlement is appropriate.”
If you or a loved one have experienced personal injury due to faulty products, and feel the company did not adequately warn you about the risks of using the product, the lawyers at Hodes Milman Liebeck are there for you in your time of need. Contact us today online at hmlm.com or call (949) 640-8222 for a complimentary case evaluation.