Johnson & Johnson Hit With $120 Million Pelvic Mesh Verdict

A Philadelphia jury punished a Johnson & Johnson (J&J) subsidiary with a $120 million verdict over claims its pelvic mesh was defectively designed and left a woman with chronic, debilitating pelvic mesh snippain. The verdict, handed down on April 24, awarded plaintiff Susan McFarland $20 million in compensatory damages while hitting Ethicon Inc. to the tune of $100 million in punitive damages.

McFarland’s claims centered on Ethicon’s TVT-O pelvic mesh device she had implanted in 2008 to treat her urinary incontinence. McFarland alleged that the TVT-O eroded through the tissue in her pelvis and eventually had to be partially removed with a second surgery. As a result, she suffers from chronic uterine tract infections and vaginal pain so severe that she has not been able to have sex with her husband for over 10 years. The jury agreed with McFarland’s claims that the TVT-O’s defective design caused the migration of the mesh and was ultimately responsible for her injuries.

RECORD VERDICT

The verdict marked the seventh plaintiff victory and the largest award yet among the pelvic mesh cases tried in the Philadelphia Court of Common Pleas. The total awarded to plaintiffs across these seven cases now exceeds $270 million.

The verdict also comes just over a week after the Food and Drug Administration ordered the manufacturers of pelvic mesh products to stop selling and distributing the devices after the manufacturers failed to provide evidence of its long-term safety.

If you or a loved one has been injured due to a defective pelvic mesh implant, call the Minnesota defective medical device attorneys at GoldenbergLaw for a free consultation. We have the experience and skills required to help you obtain the justice you deserve.

Xarelto Settlement: Bayer and Johnson & Johnson Settle Xarelto Lawsuits for $775 Million

On March 25, 2019, Johnson & Johnson and Bayer agreed to settle about 25,000 Xarelto lawsuits for $775 million. The plaintiffs claim the companies failed to warn about the potentially fatal bleeding that can occur when taking the drug. The Xarelto settlement will be split evenly between the two companies.

What Are the Details Behind the Settlement?

Bayer AG and Johnson & Johnson jointly developed Xarelto as a first line of defense against strokes and blood clots. However, unlike its competitor, Warfarin, where Vitamin K can be administered if a person begins bleeding internally, Xarelto, does not have an antidote for bleeding.

The Plaintiffs argued that the recommended dosage of Xarelto caused an unreasonable risk of bleeding. They also claimed the defendants failed to test a lower dose to see if it had a more favorable risk-benefit profile for prevention of venous thromboembolism. The defendants claimed the drug was life-saving and the FDA approved it.

There were a number of bellwether trials. The defendants won all of but one of them and ultimately were able to have the one plaintiff’s verdict overturned. Unfortunately, none of the trials resulted in a plaintiff being able to keep a verdict.

The deal ends claims in multidistrict litigation consolidated in Louisiana, as well as claims in state courts, including 2000 claims in Philadelphia. The settlement also resolves new claims filed by patients who retained a lawyer by March 11 and will file a suit by April 4, according to a statement from the plaintiffs’ attorneys.

The drug brought in $2.5 billion in revenues in 2018, placing it among the top-selling pharmaceutical products. Nearly 45 million patients have been prescribed Xarelto worldwide.

What Now?

Unfortunately, GoldenbergLaw can no longer accept new Xarelto claims. Existing clients will be hearing from their litigation team shortly with details on the next steps of the settlement. It is our hope that the Xarelto Settlement will help the plaintiffs move forward in their recovery and put this difficult chapter behind them. If you have any questions about Xarelto or the Xarelto settlement, please contact your legal assistant or attorney.

BREAKING NEWS: VALSARTAN MDL CREATED & SENT TO JUDGE KUGLER IN THE DISTRICT OF NEW JERSEY

On February 14, 2019, both class action and personal injury cases involving contaminated valsartan-containing drugs were consolidated into a multi-district litigation (MDL) in the District of New Jersey before the Honorable Robert B. Kugler.

Valsartan is a medication prescribed to treat high blood pressure and related conditions.  Recent investigations by the FDA revealed that pills distributed by at least four Active Pharmaceutical Ingredient (API) manufacturers were contaminated with carcinogenic substances, called NDMA and NDEA.  As a result, both the US FDA and the European Medicines Agency (among other foreign regulatory agencies) predicted that some consumers who took these contaminated pills for a number of years will get cancer.

This MDL will be comprised of both personal injury cases, as well as class actions. As of the time the Judicial Panel on Multidistrict Litigation (JPML) issued its order creating the MDL, there were approximately 40 cases filed.  The MDL includes all manufacturers of the recalled valsartan. For a list of these manufacturers, visit the FDA’s website.

The JPML determined that New Jersey was an appropriate venue for the litigation, primarily because many defendants have headquarters in New Jersey, and it is likely that both relevant documents and witnesses will be located in New Jersey as well.  Further, Judge Kugler previously presided over a litigation involving a different ARB drug, olmesartan (Benicar).

There is currently no decision on whether other angiotensin II receptor blockers (ARBs), such as irbesartan and losartan, will be included in this MDL.

GoldenbergLaw is currently accepting valsartan, losartan, and irbesartan cases.  To learn more about this litigation, please visit our valsartan page. You can also find out whether your medication has been recalled by visiting the FDA’s website.  If you or a loved one took one of these drugs and contracted liver, colorectal, stomach, intestinal, and kidney cancer, please contact us. We deliver the gold standard advocacy you deserve.