J&J loses challenge to $302 million judgment over pelvic mesh marketing

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J&J loses challenge to $302 million judgment over pelvic mesh marketing
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The U.S. Supreme Court on Tuesday let stand a $302 million judgment against Johnson & Johnson in a lawsuit brought by the state of California accusing the company of concealing the risks of its pelvic mesh products.

J&J and other mesh makers were already facing numerous private lawsuits by women who said they suffered pain, urinary problems, bleeding and other serious injuries from the devices. The lawsuits have resulted in more than $8 billion in settlements.

J&J, which stopped selling pelvic mesh in 2012, has denied wrongdoing. In 2019, the U.S. Food and Drug Administration ordered all pelvic mesh devices off the market. Later that year, J&J and Ethicon reached a $117 million settlement with 41 states and the District of Columbia to resolve claims that they concealed the products' risks.

California did not take part in that settlement, and its lawsuit resulted in a $344 million judgment in January 2020 following a non-jury trial. A judge found that Ethicon's marketing materials about the mesh devices, and its instructions for using them, deceived doctors and patients by failing to disclose serious risks, violating the state's unfair competition and false advertising laws.

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