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Groups Calls for DOJ to Investigate J&J for Document Destruction, Launches Website

J&J hurts womenToday, March 26th, a consumer group, Corporate Action Network (CAN) called on the Department of Justice (DOJ)  to investigate Johnson & Johnson for document destruction. A copy of the letter the group sent to Attorney General Eric Holder is here.

CAN also announced the launch of the website  www.JohnsonAndJohnsonHurtsWomen.org in Response to Pattern of Defective Medical Implants and Harmful Consumer Products

canCorporate Action Network (CAN) is asking Holder to investigate why the company destroyed tens of thousands if not hundreds of thousands of pages of documents concerning its pelvic mesh implants that were under a litigation hold and should have been made available during the discovery process in litigation.

judge mallet 200

There are currently at least 22,000 lawsuits filed in two courts that name J&J products, Ethicon and Gynecare, the women’s health division which made the allegedly defective pelvic mesh.

A lawsuit that concluded in a federal court in West Virginia last year, Cisson v. C.R. Bard, concluded the plastic polypropylene mesh, the same used in Ethicon products, was defective. See the story here.

Alex Gorsky MBA Veterans Conference, Nov. 2011

Alex Gorsky MBA Veterans Conference, Nov. 2011

CAN also wants the top executives of J&J, including Chairman and CEO Alex Gorsky investigated for their role in the destruction of documents critical to lawsuits brought by thousands of women seriously injured by the company’s pelvic mesh implants.

J&J responded to the Washington Post here.  “Matthew Johnson, a spokesman for Johnson & Johnson’s Ethicon unit, which makes the implants, said in a statement that the company “acted appropriately and responsibly in the research, development and marketing of our pelvic mesh products,” which he said are considered a “gold standard” treatment.”

“The real war on women isn’t being fought in Congress or on political talk shows, it’s taking place in executive boardrooms, where corporate profits are prioritized over women’s health.  DOJ should immediately investigate whether Johnson and Johnson deliberately destroyed evidence that would have undercut its defense in the lawsuits over pelvic mesh,” ~ CAN spokeswoman Levana Layendecker.

CAN asked Attorney General Eric Holder to investigate Johnson and Johnson and Gorsky for two possible criminal violations: obstruction of a criminal investigation of health care offenses and destruction of records in a federal probe.  The request follows the February 4, 2014 conclusion of West Virginia U.S. Magistrate Judge Cheryl Eifert that Johnson and Johnson improperly destroyed thousands of documents regarding the development of pelvic mesh implants.  See Carolyn Lewis Doc PTO#100 Doc #1069 Eifert Ruling. February 4, 2014.

According to a press release:

“Johnson and Johnson recently entered into a Corporate Integrity Agreement with the Department of Health and Human Services, which, in part, requires the company to report any suspected violations of health care program or FDA requirements as well as the company’s own policies and procedures.  Johnson and Johnson also entered into a deferred prosecution agreement with DOJ in which the company pledged to “voluntarily and timely” disclose any misconduct.  It does not appear that Johnson and Johnson reported the document destruction.”

“It defies credibility to believe that a company facing as many lawsuits as Johnson and Johnson is over its defective product inadvertently destroyed thousands of relevant documents and computer files.   DOJ should investigate immediately to make clear rich multi-national corporations are not above the law,” Melanie Sloan, Executive Director, Citizens for Responsibility and Ethics in Washington, stated. 

Mesh News Desk has reported (see story here) on the documents lost in the destruction including hard drives of corporate executives in charge of the launch of the pelvic mesh products including Prolift mesh kits, which J&J has since removed from the market.

CAN requested Mesh News Desk editor, Jane Akre, speak to reporters during a news conference at 11am EST Wednesday.

Learn More Here:

CAN website

http://corporateactionnetwork.org/

Mesh News Desk, Cisson v. C.R. Bard concludes, August 15, 2013

http://meshmedicaldevicenewsdesk.com/latest-in-the-litigation-concerning-mesh-and-medical-devices/jury-awards-donna-cisson-250k-in-first-federal-transvaginal-case-against-c-r-bard/

 

 

 

 

9 Comments

  1. stopmeshimplants says:

    I almost don’t want to get my hopes up……but I do feel the tide is changing and the truth will prevail. I enjoy hearing others are getting involved and want answers. And when the whole world knows what we have all experienced because of these greedy manufacturers and executives, then we might have a chance of getting this mesh off the market. Won’t that be an amazing event? Jane, you must know you are our change agent and we can never thank you enough. Part of our healing has occurred because of Jane and her listening to each and every one of our stories. Aaron we are so grateful for your eyes and ears at the most recent trial. Thank you.

  2. Mary pat says:

    This time, tears of joy (nice change). Let’s look at bees. One bee can be brushed off and ignored. If all of us, all the mesh injured women united like a swarm of angry wasps we would have power that cannot be ignored. Everyone, PLEASE, send a letter to Attorney General Eric Holder. At the least, call and leave a comment or email. If he receives thousands of requests they cannot be ignored. Here’s the contact information:

    Attorney General Eric Holder

    U.S. Department of Justice

    950 Pennsylvania Ave NW

    Washington DC. 20530-0001

    Phone. (202) 514-2000

    Public comment. (202) 353-1555

    Email. AskDOJ@usdoj.gov

    • Jaramillo says:

      If you kept a copy of your FDA complaint, I think those should go with the letter. Many of us reported to the FDA long before the lawsuits ever started. Hopefully Eric Holder will recognize that we have all been filing complaints for many years and nothing was done. I have written letters to Michelle and president Obama, Oprah, Dr. Phil, the doctors, 60 minutes, Ellen DeGeneres, My senator, my local news investigation team, you name it and I have never had a single response. I have attached other information as well. It is interesting that no one wants to touch it. The best emotional healing I could get is to see J@J charged criminally. It would be like having your rapist charged and convicted. I have noticed most of the commercials are off the TV. At least with those it made some women aware. The issue with this website is women don’t find it until it is too late. I did notice when you pull up J@J , there are articles that pop up with the negatives. When I was getting ready to implant I did read about the procedure but I never looked for negative effects, so what I read was all positive. It was not until 18 months later that I found TVT info and MDND. I get so angry when I think about the women that are so il and they don’t even know why. I was very sick for more than a year before I realized it was the mesh. Even though I was seeing doctor after doctor. I really want to try to get out to the trial this summer. Is there anybody else interested?

    • Barbara Dykes says:

      Pat, sent a letter tonight.Thanks for providing email address. I least WE are doing all we can. “6 years and counting since Implant.” I want this nightmare to end for us all.

  3. Jaramillo says:

    June 23rd. The next bellweather for J!J. I’m in NM but I think it would be therapeutic to go watch a trial.

  4. Richard M Howden(AMU) says:

    I also have tried to get publicity through local radio and TV stations. Unfortunately their first call for verification of my claims is the FDA. I am labeled a disgruntled patient whose previous surgeries are the cause of my pain. Yes, but the previous surgeries were for mesh problems. But that makes no difference. When a Governmental agency labels you and discounts what you are claiming, the possibility of getting a reporter to talk to you goes away, very quickly. I have corresponded with 26 Attorney Generals around the U.S. asking about investigations concerning J&J’s faulty Hip Replacements and the fraudulent claims of their Mesh. It was reported that 42 States were going to investigate J&J and try to get monies from them for the expenditures the State made to help welfare patients. Not one AG would talk to me about the investigation ( if there actually is one ) but most of them did refer me to the FDA though. The rest wanted to know what State I lived in and after finding out, some what politely, told me to talk to my own AG here in Colorado. I have called up the Medical Board in Denver to ask for any data concerning mesh removals, damage or deaths. I was told that there are none and if there was, they would not allow dissemination of it to the public. I am sick and tired of the double standard that the FDA perpetuates within it’s organization and the Medical community as well. We hear of the valiant FDA saving America’s children from faulty baby carriages, dogs from poisoning by bad dog food and home owners from poisonous dry wall but complete silence and denial when it comes to the many mesh products on the market. They ignore their own MAUDE data base. Their own Office of Criminal Investigation will not investigate mesh or the manufacturers of it. If you file a complaint with the OCI , as I have, you are told, after giving them medical records, correspondence from the manufacturer etc., that you will not hear from the OCI again nor be privy to any results of their supposed investigation. If you file a complaint with the manufacturer and the FDA you are contacted directly by the manufacturer who asks for the pertinent medical records. 3 months later you will receive a letter saying that they could find nothing implicating the mesh as the culprit for your complaints. The FDA sends out letters after filing a complaint with them that clearly states that “2 or 3 substantiated reports will result in a Warning being issued by the FDA.” That letter is an out and out lie! But none of this matters when you are curled up in bed, waiting for the meds to kick in and in so much pain you cannot stand it. I lost faith in the FDA after talking to the OCI. I truly believed that I would make a difference with all of my documentation and correspondence that I gave to them. I would hope that maybe the DOJ will look into all of this but since this is not a hate crime ( although some may say it is!) or concerning allowing Illegals into our country, I doubt very seriously that Attorney General Holder will do anything. Until some brave group of Doctors, Nurses and Pathologists come out and tell the truth as they have seen it and we get a Senator or two on our side, we will not see this situation change. So, PLEASE, contact your Congressman/woman and your Senators. Tell them what you have and are going through with your mesh. Send them copies of medical reports and demand action. And many, many Thanks to Jane Akre for all she does for Mesh Victims and giving a platform where disgruntled mesh victims, like me can vent. Best Wishes………

    • pam says:

      I agree Richard, attorney holder and others will not do anything in state or federal, I read where obama got more money from companies that make mesh than any other got, romney got thousands not near as much as obama. This is not a democrat or republican issue, since both parties were pais in states after states millions of dollars in their campaigns. judges ???

      What do you do they have gag orders, but you are not allowed to go to boards of medical and tell all the hell doctors and nurses are doing and lying,I got medicare investigators that did nothing and was sarcastic with me for months, I TOLD ONE OFF. THEY SAW NOTHING WRONG WITH DOCTORS LYING TO ME and after mesh ridiculing me . It is like they knew that any complaints in any state would go nowhere, a CROOKED JUDGE THAT GOT PROMOTED FOR BEING CORRUPT, IN COURTS, GOT HIGHER POSITION, WHEN i WROTE A LETTER UNDER MOST STRESS OF OTHERS THAT COVERED UP WHAT THOSE IN POWER DID TO PEOPLE NOT BORN IN THIS STATE, (THE ALMIGHTY VOTE FOR MONEY AND POWER. that judge picked up the phone one day that was in administration , promoted to the big city, he laughed in my face and said, ” your complaints go no where but to me , he was one of corrupt judges here. I was labeled crazy could not be believed and they do not stop. men and women , that for greed of money and power, knowing they can do what ever they want to citizens and lie, above the laws.

      read what the whistle blower on tobacco was put through for being truthful. they put him through hell , just as we are now.

      truthful and honest people are hard to find these days, but like jane and some more they are out there and I am sure their work has got to be hell too!.

      fighting lies especially with people bought off, like organized crimes of links of those in leadership, they want more than what they get for doing their jobs, pay off to cover for companies like what we are making a stand against of lies and deceitful ways of the rich and powerful in america today, not against the rich, it is how they get their money like using implants knowing pain and suffering they cause to humans. no thought of lives permanently damaged. crimes of those above the laws, fda included.

  5. Rhonda says:

    Such a blessing to see others getting involved. Let’s hope the media soon step up to the plate!

  6. Barbara Dykes says:

    There are too many of us with PROOF that cannot be denied. We will NOT shut up and slink away as they wish. We were harmed physically, emotionally, by people who get rich off the money we paid/or insurance paid. Its nothing more than a shameful scam and the perpertrators of the scam were the “Suits” along with a lot of other players. One thing my mother taught me is to never give up or give in to those who set out to ruin your life. There are thousands of us and with Janes (and others contributions)….we will be heard, we will stop these practices of greed that harm women or anyone.We Stand over 6000 strong and as I hear, they are still peddling their dangerous products for profit without a care for the physical/mental harm they do. WE WILL NEVER GIVE UP!

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