Two Trials, Two Products & One Defendant: Same Failures

Johnson & Johnson DePuy ASR Metal-on-Metal Hip Implant Trial

Last week’s testimony and evidence supported plaintiff’s claims that Johnson & Johnson failed to properly study the ASR hip implant before marketing it. First, Robert Harrison, an expert toxicologist, testified that Johnson & Johnson failed to consider the damaging effects of chromium and cobalt debris in designing the hip implant. In addition, Johnson & Johnson’s 2010 engineering report showed that Johnson & Johnson used inadequate standards to evaluate the risks associated with its hip implant.

Throughout the trial, Johnson & Johnson’s defense has been that it acted properly. However, testimony from two additional witnesses confirmed that Johnson & Johnson only tested the ASR hip implant at one angle of implantation despite knowing that even the best surgeons could not always implant the ASR hip implant at that one angle. Most compelling was Johnson & Johnson’s compliance manager’s admission that the company could have done a better job.

Johnson & Johnson Prolift Transvaginal Surgical Mesh Trial

Experts testify in the Prolift tansvaginal mesh case. Their testimony covered the following topics:

  • Johnson & Johnson and Ethicon were negligent for failing to get FDA clearance before selling Prolift transvaginal mesh
  • FDA clearance was required before selling Prolift transvaginal mesh because it was significantly different than previous products
  • Johnson & Johnson and Ethicon were negligent for failing identify all of the risks associated with the transvaginal mesh
  • The Prolift transvaginal mesh label inadequately warned physicians and patients of the harms associated with Prolift transvaginal mesh
  • Numerous statements in the Prolift brochure were misleading
  • The design of the Prolift transvaginal mesh was flawed.