Kentucky Attorney General Andy Beshear recently announced that his office has filed a civil lawsuit against Johnson & Johnson and its Ethicon division for deceptive marketing of the company’s transvaginal mesh products. The suit claims that J&J violated Kentucky’s Consumer Protection Act, which protects consumers against false, misleading, deceptive or unfair acts in trade or commerce.
“The way this company clearly chose profits over people is outrageous,” Beshear said in a statement. “My office has talked to victims whose lives have been devastated by this company’s deceitful practices. We may not be able to give them back the lives they once had, but my office will do everything we can to hold this company accountable.”
Lawsuits against mesh manufacturers began cropping up more than 10 years ago. Almost 4,000 injuries were reported to the U.S. Food and Drug Administration between 2005 and 2010. These complaints involved complications from mesh inserts used in pelvic organ prolapse (POP) surgery, including pelvic pain, bleeding, organ damage, infection and urinary problems. In January 2012, the FDA ordered mesh manufacturers to perform safety studies on their products.
In January 2016, the FDA reclassified transvaginal mesh as a high-risk medical device and ordered manufacturers to address safety concerns by submitting new applications that demonstrate their products are safe and effective. These new requirements apply only to mesh products used to repair POP in women.
To date, more than 87,000 transvaginal mesh lawsuits have been filed in the U.S., making pelvic mesh litigation the largest and most complicated mass tort action in history.
The Kentucky case claims that J&J “concealed and misrepresented to doctor and patients many of the risks of adverse events associated with these devices” and “denied women the ability to make informed choices regarding their health and caused them to unknowingly take risks with their well-being.”
If you have suffered injuries from an unsafe or defective medical product, the experienced product liability legal team at Roberts & Roberts is here to help with compassionate, aggressive representation. Please call 800-248-6000 or contact us for a free consultation.