J&J Seeks Supreme Court Review of $302M Fines for Mesh Device

Johnson & Johnson (J&J) and its subsidiary Ethicon are seeking a review by the U.S. Supreme Court of the $302 million fine imposed on them in California for misrepresenting the risk of their pelvic mesh products in marketing materials, arguing their due process rights were violated.

The pelvic or transvaginal mesh synthetic products are surgically implanted in women who have sagging pelvic organs or stress urinary incontinence. Lawsuits from patients claimed they had severe pain, bleeding and infections after product implantation.

The California trial court ruled that Ethicon’s marketing materials had false and misleading statements, imposing a civil penalty of $344 million that was later adjusted to $302 million by the state’s Court of Appeal. The California Supreme Court decided in July not to review the case.