Johnson & Johnson’s request that plaintiffs in a multidistrict litigation (MDL) who allege the company’s transvaginal mesh was defective prove they were injured is ludicrous and nothing more than a delay tactic, plaintiffs attorneys said responding to a Jan. 13 motion by the consumer health care and pharmaceutical giant.
Johnson & Johnson and its subsidiary Ethicon Inc., asked that the near-24,000 plaintiffs in the multidistrict litigation prove thy were injured by the company’s transvaginal mesh, and asked the court to require every plaintiff’s attorney to answer under oath certain questions on how plaintiffs were solicited.
The companies claim that “unscrupulous” callers somehow obtained private medical information of some women and harassed them into claiming injuries in order to receive settlements of up to $30,000 or $40,000. Some of these women, the companies claim, have never had transvaginal mesh implants.
Plaintiffs attorneys said they were aware of the scam and had brought it to the court’s attention months ago, and that Johnson & Johnson’s motion is merely an attempt to stall litigation.
Johnson & Johnson says it is not making allegations against any party in its motion, but the companies are requesting additional discovery from plaintiffs and their attorneys to help uncover who may be involved and to stop the calls.
Transvaginal mesh is a type of surgical mesh used to treat common pelvic floor disorders including pelvic organ prolapse and stress urinary incontinence. The mesh, made by numerous manufacturers, as been associated with serious complications including erosion, infections, hemorrhaging, incontinence and chronic pain. Multiple surgeries are often required to remove the mesh and many woman have suffered lifelong disability.
Source: Law 360