April 21, 2022

A California appeals court knocked $42 million off a $344 million judgment the State won against Johnson & Johnson. The case involved Johnson & Johnson concealing the known risks of its Ethicon Inc unit’s pelvic mesh products. California’s 4th District Court of Appeal ruled Monday that even though the State had proven its case concerning the written materials J&J used to market the transvaginal mesh products, it had not shown that company sales representatives made misleading statements about them in conversations with doctors.

Johnson & Johnson issued a statement saying they were planning an appeal and that Ethicon “responsibly communicated the risks and benefits of its transvaginal mesh products to doctors and patients.” The California case was filed in San Diego Superior Court in 2016 and stemmed from a multistate investigation into the marketing surrounding Johnson & Johnson’s pelvic mesh devices. These devices were being used for the treatment of bladder problems and other similar conditions. Johnson & Johnson along with other mesh makers were already facing numerous private lawsuits by women who said they suffered pain, perforations, urinary problems, bleeding and other serious injuries. Those lawsuits have led to in excess of $7 billion in settlements to date.

In 2019, the U.S. Food and Drug Administration ordered all pelvic mesh makers to halt sales of the devices. Later in 2019 Johnson & Johnson and Ethicon reached a $117 million settlement with 41 states and the District of Columbia to resolve claims that they concealed the risks of the mesh products. California did not take part in that settlement and in a separate action it won a $344 million judgment in early 2020 following a trial.

Johnson & Johnson challenged the California judgment on multiple grounds, including that the Judge hadn’t adequately considered whether the company’s alleged misrepresentations were material. The appeals court rejected that argument, saying the Judge’s ruling was based on the “tragic and permanent consequences” suffered by patients. “While the trial court may not have uttered the precise word ‘materiality,’ the concept of materiality was unquestionably implicit in the court’s findings,” Presiding Justice Judith McConnell wrote for the panel, joined by Associate Justices Judith Haller and Joan Irion.

We represent people who are injured because of the careless and reckless acts of others.  At the end of the day your case can only be settled one time and you need to know all of the facts beforehand. The reason that insurance companies have paid our clients in excess of $130,000,000.00 is that we get the facts and are not intimidated at the prospect of going to trial when insurance companies fail to offer full compensation. We help with serious injuries that require serious representation. We are the Law Offices of Guenard & Bozarth, LLP. Our attorneys have more than 60 years of experience specializing in only representing injured people. Call GB Legal 24/7/365 at 888-809-1075 or visit www.gblegal.com We would be honored to represent you!

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INSURANCE COMPANIES KNOW US BECAUSE THEY’VE PAID OUR CLIENTS OVER $130 MILLION DOLLARS.

$2.9

MILLION

CAR ACCIDENT INJURY

Guenard & Bozarth llp obtained a $2,962,903 jury verdict in the Sacramento County Superior Court for plaintiff David Schoonover, who suffered head and neck injuries and fractures in a head-on accident on Roseville Road in Roseville on July 22, 2012

$300

THOUSAND

HAIR SALON INJURY

Guenard & Bozarth LLP recently settled a case for $300,000 involving a hair weave that went terribly wrong. Our client was a young lady, and aspiring model, who experienced pressure necrosis from a tight weave and it changed her life.

$500

THOUSAND

SLIP & FALL INJURY

Guenard & Bozarth LLP recently settled a slip and fall case for $500,000 a couple weeks before trial. The client slipped and fell on a wet piece of cardboard in a grocery store and sustained a serious shoulder injury that required surgery.

$300

THOUSAND

NEGLIGENCE INJURY

On February 13, 2013 Maricela, a Certified Nursing Assistant presented to Santa Barbara Cottage Hospital Emergency Room with complaint of neck and back pain. She was diagnosed with a neck strain and was given Ibuprofen and instructed to return if her symptoms did not subside.

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