MORGANTOWN — Attorney General Patrick Morrisey has reached a $3.9 million settlement in a lawsuit filed against Johnson & Johnson and two of its subsidiaries last September alleging they engaged in deceptive marketing practices to promote their line of potentially dangerous synthetic surgical mesh products used in pelvic surgeries in women.
They suit was filed in Monongalia County Circuit Court. Morrisey announced the settlement on Monday.
Morrisey explained that the settlement also includes hip replacement systems that were not part of the suit and thereby avoids additional litigation.
“The improper marketing of medical products can put the health of consumers at risk,” Morrisey said. “This settlement demonstrates our office’s commitment to hold accountable corporations who ignore potential risks and side effects or omit such crucial details from the materials provided to doctors and patients.”
West Virginia received significantly more funds by bringing the claims individually rather than joining multistate lawsuits, Morrisey said.
Also, Morrisey said, he negotiated a 5% cap on attorney fees for outside counsel as it relates to the surgical mesh lawsuit, a lower percentage than set forth in his outside counsel policy.
Johnson & Johnson makes and sells medical devices, pharmaceuticals and consumer goods. The two named subsidiaries, Ethicon and Ethicon US, make the polypropylene meshes designed to treat stress urinary incontinence (SUI) and pelvic organ prolapse (POP) in women.
According to the complaint, the complications associated with meshes used in transvaginal repair are mesh erosion into other pelvic organs; extrusion, exposure or protrusion; severe and chronic pain, including during intercourse; infection; urinary dysfunction; bleeding and organ perforation; recurrent prolapse; neuromuscular problems; vaginal scarring or shrinkage; emotional problems; chronic foreign body response and inflammation; mesh shrinkage; permanent pain during intercourse; and defecatory dysfunction.
The lawsuit claimed the defendants misrepresented the effectiveness, properties, risks and safety history of the surgical mesh products in marketing and educational materials provided to patients and doctors, in personal meetings and in published medical articles. Their informational and marketing materials for the companies’ surgical mesh devices consistently omitted or concealed complications.
The settlement also resolves allegations that Johnson & Johnson and Medical Device Services Inc., formerly known as Depuy Inc. and Depuy Orthopedics, deceptively and unlawfully marketed, promoted and sold the ASR XL, Acetabular, ASR Hip Resurfacing and Pinnacle Ultamet metal-on-metal hip replacement systems.
Johnson & Johnson and its subsidiaries denied the state’s allegations, including any allegations that they broke any laws.
All sides agreed to the settlement to avoid the delay, inconvenience and expense of litigation, Morrisey said.
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