J&J agrees to pay $117 million to settle lawsuits over its surgical mesh devices

Johnson & Johnson (J&J) and its subsidiary Ethicon have agreed to this settlement following the allegations of deceptively marketed transvaginal surgical mesh products.

The transvaginal mesh is made of synthetic material and is surgically implanted through the vagina to support the pelvic organs of patients with pelvic organ prolapse or urinary incontinence.

An investigation carried out by the states found that J&J and Ethicon had misrepresented the safety and effectiveness of the surgical mesh devices. The companies had also allegedly failed to disclose all of the risks related to these products, such as chronic pain, inflammation and vaginal scarring.

The lawsuits stated that both companies did not sufficiently warn consumers or surgeons despite being aware of the potential risks. Ohio state attorney general Dave Yost commented: “Patients can’t make the best decision for their health unless they and their healthcare providers know all the pros and cons of a product. These companies didn’t paint a clear picture of the device’s medical risks, preventing patients from making well-informed decisions.”

Ohio will secure $6.3m as part of the $116.9m settlement. The settlement covers the payments alongside injunctive relief, the complete disclosure of the surgical mesh’s risks and precise information on promotional material, as well as ‘information for use’ package inserts regarding the product.

The lawsuits are still pending for California, West Virginia, Kentucky and Mississippi states, but a total of 41 states, as well as the District of Columbia have now settled.

This news follows a case in April where a Philadelphia court ruled Ethicon to pay $120m in damages over allegations that the company’s mesh implant led to incontinence and chronic pain in a Pennsylvania woman.