The U.S. Department of Justice is investigating Johnson & Johnson about whether the company made false claims about its ASR XL hip implants or engaged in questionable marketing of its surgical mesh products. It’s not good news for the global manufacturer that is now defending thousands of lawsuits over both products. The lawsuits allege that the manufacturer failed to warn consumers about known dangers and increased risks of injury.
Allegations Of False Claims & Questionable Marketing Practices
According to Bloomberg News, the DOJ is investigating allegations into Johnson & Johnson’s actions regarding:
- False claims. The DOJ is investigating whether DePuy Orthopaedics provided false claims or statements to the government that may have affected federal health-care programs in connection with the marketing and use of DePuy’s ASR XL hip implant devices. The manufacturers are currently defending the first of over 10,000 product liability lawsuits involving high failure rates over the now-recalled medical devices.
- Questionable marketing practices. The DOJ is also investigating J&J’s marketing practices concerning its hernia and urogynecological mesh products. The DOJ joins a California based multi-state probe into similar matters. Although the probe is ongoing, legal liability for transvaginal mesh injuries is becoming clearer.
A New Jersey jury awarded a South Dakota woman $3.35 million last week for numerous injuries that she sustained while using the Ethicon Gynecare Prolift vaginal mesh implant. This was the first of over 2,000 TVM injury lawsuits that have been filed against Ethicon, a subsidiary of J&J.
Manufacturers Must Produce Safe Products & Warn Of Known Dangers
Manufacturers have a duty to produce safe products and to warn consumers if they discover that the product might be dangerous or increases the risk of injury. When that doesn’t happen, they can – and must – be held accountable for their actions. Unfortunately, many large pharmaceutical and medical device manufacturers put profits over safety and don’t “do the right thing” until they’re forced to do so.
If you’ve been injured, contact The Driscoll Firm, LLC, to discuss your situation with one of our experienced product liability attorneys so that you can have all the information you need to make an informed decision about whether taking legal action against a manufacturer makes sense for you and your family. There is absolutely no cost or obligation involved, and all discussions are completely confidential.