Kentucky Sues J&J Over ‘Inadequate’ Mesh Warnings

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Kentucky’s attorney general says the state has filed a civil lawsuit against Johnson & Johnson and its medical device unit, Ethicon, for its allegedly deceptive marketing of surgical transvaginal mesh. “In Kentucky, more than 15,000 women had transvaginal mesh implanted without Johnson & Johnson and Ethicon providing sufficient information about the known hazards so women and their doctors could make informed treatment decisions,” a state news release says.

Attorney general Andy Beshear says the company failed to follow recommendations by its own staff to include more complete product risk disclosures. According to the lawsuit, in 2005 Johnson & Johnson’s medical director emailed the company to propose stronger warnings on the product for doctors and patients. Another medical director noted in 2006 that post-operative patients were reporting that they did not believe they were provided adequate information prior to surgery on the possible adverse complications and that additional disclosures might be needed. “Johnson & Johnson failed to fully incorporate this information into any of its marketing or promotional materials, according to the lawsuit,” Beshear says, adding that the company “purposely concealed and mispresented to doctors and patients many of the risks of adverse events associated with the devices, which include chronic pelvic pain, urinary and/or defecatory dysfunction, pain with sexual intercourse or total loss of sexual function.”

Beshear filed the lawsuit in Franklin Circuit Court.

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