Mesh Medical Device News Desk, July 17, 2018 ~ Amid the reports of a growing company, Johnson & Johnson is facing massive litigation costs it's required to disclose under the Securities and Exchange Commission.
Litigation Amid Profits
The second quarter report on earnings for Johnson & Johnson reports a rosy picture medical devices and an overall increase of more than 10% compared to this time last year. Noting the “accelerating sales momentum in our Medical Devices business, driven by the continued growth of our market leading products and strategic new launches,” led to sales of $7 billion in the second quarter of 2018, reports Worldwide Medical Devices division.
Medical devices include surgical mesh, artificial knees and hips.
Last May, the company said its outstanding product liability issues surround DePuy ASR hips, the Pinnacle Acetabular Cup System, pelvic meshes, Risperdal, Xarelto, Baby Powder and Invokana.
The company tells investors it has settled “a majority of the United States cases," though acknowledges,
“individual personal injury cases or claims have been commenced in various countries outside of the United States, including claims and cases in the United Kingdom, the Netherlands and Belgium, and class actions in Israel, Australia and Canada, seeking damages for alleged injury resulting from Ethicon’s pelvic mesh devices.”
A decision on the result of more than 700 product liability lawsuits filed in Australia against Johnson & Johnson over its pelvic meshes should be made this year.
Next month, Wave 7 in the Charleston MDL should commence with multi-plaintiff trials consolidated against J&J/Ethicon. Wave 8 will follow later this year, again with multiple plaintiffs consolidated in one action against the healthcare giant.
Last week the company was charged with a $4.7 billion jury verdict over its talc in Baby Powder over an ovarian cancer trial in Missouri. J&J plans an appeal and denies its talc contains any cancer-causing asbestos, however a view of the company website now finds that most baby powders in its personal care family of products are made from corn starch.
The company still fails to put a warning on its powder for feminine hygiene, the theory being that asbestos fibers make their way through the vagina and into the ovaries where over time they initiated cancer. Talc is generally mined near asbestos sources.
Additionally, Johnson & Johnson is involved in a multi-state investigation with various states seeking compensation for the use of pelvic mesh. In May 2016, California and Washington State filed civil complaints against Johnson & Johnson and its Ethicon Inc. division “alleging violations of their consumer protection statutes. Similar complains were filed against the companies by Kentucky in August 2016 and Mississippi in October 2017. “
“Johnson & Johnson and Ethicon have entered into a new tolling agreement with the remaining 43 states and the District of Columbia.”
Since 2014, J&J and Janssen Pharmaceuticals, Inc. has been named in numerous lawsuits brought by certain state and local governments relating to the marketing of opioids including Duragesic, Nucynta and Nucynta ER, all made by J&J.
In all, 23 states allege the company falsely advertised, violated consumer fraud laws cr3eated a public nuisance and deceptively acted for unjust enrichment.
J&J and Janssen Pharmaceuticals have been served with motions to consolidate 66 pending matters into Multi District Litigation in the Southern District of Ohio. In December the MDL was approved and hundreds of cases are now being transferred to Ohio.
JNJ Annual report, Feb. 21, 2018
MND, July 12, 2018, Talcum Powder Trial Yields $4.7 Billion in Damages Against J&J!
J&J Form 10-Q, May 2018
J&J Form 8-K, filed July 17, 2018