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W.Va. AG sues over medical device

Pelvic mesh reportedly caused health issues

CHARLESTON — Attorney General Patrick Morrisey announced Wednesday his office is going after a major manufacturers of pelvic mesh reported to have caused numerous health issues.

The office filed suit Wednesday in Monongalia County Circuit Court against Johnson & Johnson and subsidiaries Ethicon and Ethicon U.S., LLC.

Morrisey is accusing Johnson & Johnson of violating the West Virginia Consumer Credit and Protection Act by engaging “in unlawful, unfair and deceptive marketing practices” for their surgical mesh products.

“We filed a consumer protection lawsuit against Johnson & Johnson and also Ethicon accusing the companies of knowingly concealing the risks associated with the surgical mesh, Morrisey said at a Wednesday press conference.

“Our lawsuit alleges that J&J misrepresented the safety of these devices by concealing the possibility of serious and irreversible complications caused by this mesh,” Morrisey continued. “Our complaint alleges J&J misrepresented the safety of its mesh to both doctors and patients in violation of West Virginia’s consumer protection laws.”

According to the U.S. Food and Drug Administration, surgical mesh is used to provide additional support to weak or damaged tissues. The FDA ordered all manufacturers of surgical mesh meant for pelvic organ prolapse — a condition where the uterus, bladder, or rectum become loose — to halt the sales as of April 16.

“Since the FDA has not received sufficient evidence to assure that the probable benefits of these devices outweigh their probable risks, the agency has concluded that these products do not have reasonable assurance of safety and effectiveness,” the FDA wrote in an order.

The Attorney General’s Office alleges that Johnson & Johnson and Ethicon violated state consumer protection laws by misrepresenting how effective surgical meth is, the risks associated with the product, and the safety history of mesh. The office also alleges that the companies did not disclose this information on promotional material or in conversations with doctors and patients.

“Through its actions, we believe that the company took away, effectively, the doctor’s ability to give sound advice and the woman’s ability to make an informed decision about whether to have a permanent mesh implant put into her body,” Morrisey said. “We believe that the company knew about many of these potential risks, but despite that they omitted the information. So, we’re filing this case today and we believe that the company needs to be held accountable under our consumer protection laws.”

West Virginia joins California and Washington State in going after Johnson & Johnson for pelvic mesh. California filed suit against Johnson & Johnson July 15. They accused the company of deceptive practices involving 50,000 women who were treated with surgical mesh. In Washington State, a similar case was settled in April for $10 million.

“We are deeply concerned that the conduct involved today has deeply impacted many people’s lives,” Morrisey said. “My office is always going to take steps to ensure that we’re holding everyone accountable to our consumer protection laws. Today’s action is no different.”

A request for comment from Johnson & Johnson was not returned.

(Adams can be contacted at sadams@newsandsentinel.com)

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