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Did Johnson & Johnson Commit Fraud while falsely accusing Mesh Victims of Fraud?

Did Johnson & Johnson Commit Fraud while falsely accusing Mesh Victims of Fraud?

Updated: April 11, 2015

Mesh victims let Johnson & Johnson’s Ethicon’s Gynecare know you #KnowYourValue

February 12, 2015

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As discussed on this site Johnson & Johnson is getting desperate and predictably took a play right out of The Sociopathic Business Model™ by filing a motion a month ago claiming women in the transvaginal mesh cases were fraudulently filing cases.  Fact based evidence over time is the best indicator of the future and the unethical JNJ tactic which manipulated facts, did not recognize the rights of victims as a means to insult & demean with the goal of creating hopelessness in the victims again demonstrates that the company is very concerned about the pending 24,000+ cases in federal court regarding Ethicon’s Gynecare and the transvaginal mesh implants.

What people forget is that the previous headlines all stated that the victims were potentially committing fraud which undermines their credibility and makes the real victims look greedy and the media ate it up and played right into Johnson & Johnson’s hands.

There were a lot of inconsistencies and contradictions in Johnson & Johnson’s original filings as highlighted by Lana Keeton of Truth In Medicine who is an injured mesh victim herself and also filed a rebuttal to the company’s claims:

ETHICON MOTION DE#1418 REBUTTAL

By Plaintiff Pro Se Lana C. Keeton

January 29, 2015

 

DE#1418 shows the lack of logical thought processes in use by Ethicon, Johnson & Johnson and their attorney firms. Deductive reasoning was not used in the filing of this motion. Inference from the motion:

  1. Six women who received solicitation phone calls from people with heavy foreign accents over the last year represent massive fraud in Ethicon MDL02327 for their TVT line of synthetic bladder suspension slings.
  2. The only possible source of the callers and the supposed “fraud” were the plaintiff’s attorneys

 

Ethicon, Gynecare Worldwide (now Ethicon’s Women’s Health and Urology) and Johnson & Johnson failed to use logical thought processes in the design and development of their line of Gynecare TVT synthetic bladder mesh slings. Deductive reasoning was not employed.

“Deductive reasoning, also deductive logic or logical deduction or, informally, “top-down” logic, is the process of reasoning from one or more statements (premises) to reach a logically certain conclusion. Deductive reasoning links premises with conclusions.”

J&J paid via contract over $4 million dollars to Dr. Ulf Ulmsten for favorable outcomes from his “clinical trial” of 75 women with no prior surgeries, no concomitant surgeries, outpatients with local anesthesia only by a University of Helsinki specialist in the field of urogynecology (a specialty which in reality did not even exist in 1995).

J&J operated under the false premise this would successfully translate to favorable outcomes for millions of women, including obese or extremely thin women, with co-morbidities, concomitant surgical procedures, previous vaginal surgeries, autoimmune disease, smokers, women with allergies and migraine headaches by any surgeon with a scalpel and an operating room who had been to their 2 day training where they watched the procedure done 3 times.

J&J paid various doctors to travel to Sweden from the U.S. to learn Dr. Ulmsten’s “Golden Rules” for “successful” implantation of polypropylene bladder slings via the Trans Vaginal Tape (TVT) surgical procedure in the fall of 1998.

Some of the U.S. doctors, Lucente, Miklos, Karram, Berger, Garely, who traveled to Sweden in 1998 became paid preceptors, training thousands of other U.S. doctors to perform the TVT bladder sling procedure.

Yearly press releases of a 1995-1997 clinical trial of 90 (originally 131 women in 4 centers in Finland), many of whom are now dead, constitute success and therefore constitute a “gold standard” of medical care for millions of women in the U.S. and internationally. The trial was actually  for the surgical procedure itself, not the Ethicon TVT bladder sling kit.

J&J’s “deductive” reasoning: Consequently, the Ethicon Gynecare TVT line of synthetic bladder slings are the “gold standard” of medical care. This is not scientific evidence. It is medical marketing by Ethicon.

  1. There are no clinical trial denominators to scientifically prove this position.
  2. Various trials started by Ethicon/Gynecare have been stopped early because of the high percentage of severe complications from the TVT bladder sling kits, and from the Prolift series of pelvic mesh kits used to repair pelvic organ prolapse.

 

Lack of deductive, logical thought processes in the design and manufacture and implantation procedures of Ethicon/Gynecare bladder sling kits and pelvic mesh kits are the reason so many women have been injured by their products and why there are thousands and thousands of lawsuits in the Ethicon MDL 02327.

No fraud exists on the part of Plaintiff’s attorneys in Ethicon MDL 02327.

People always say one person can’t make a difference and I respectfully disagree, as Lana Keeton forced accountability on Johnson & Johnson as today it was announced that Johnson & Johnson “decided” to withdraw the motion and drop the case against essentially was the creation of their own false victims.

I know this is tough to follow but  now the question remains if proven that Johnson & Johnson committed fraud while accusing (made up victims they possibly created) of fraud which potentially harmed the credibility of real victims shouldn’t that be illegal?  Judge Goodwin previously informed Johnson & Johnson that their (possible made up) motion case wasn’t helping move things along but that’s not enough.  The federal court should fine Johnson & Johnson for filing the lawsuit and award each of the victims an additional sum for pain and suffering needlessly caused by the filing of this case. (I’ve been told that while logical I like to create laws that don’t exist-yet at least).

The media has not taken hold of this story despite 70,000 victims from seven different device makers all standing trial in federal court and the question remains-WHY?  Johnson & Johnson very clearly took a page right out The Sociopathic Business Model™ and the media took the bait.  Now the media must be accountable to the victims just as much as Johnson & Johnson.

2 Comments
  • Hello Melayna,

    Thanks so much for showing once again the never ending abuse of patients by Johnson & Johnson. The saddest part of the ludicrous motion by J&J/Ethicon saying the plaintiff’s attorneys were filing fraudulent claims is all the women who are at home, severely injured just trying to make through each day. Then J&J/Ethicon creates doubt in their minds about their own attorneys. And it shows the utter desperation of J&J/Ethicon because THEY ARE LOSING the transvaginal mesh cases in the MDL in West Virginia and in other important state cases across the U.S.

    I continue to be stunned at the wanton disregard for humans while they protect a piece of plastic, polypropylene.

    Social media will destroy Johnson & Johnson.

    They have harmed thousands and thousands of women worldwide. These injured women are standing up around the world and telling their governments.

    You can fool all the people some of the time and some of the people all the time but J&J CAN NOT FOOL ALL THE PEOPLE ALL THE TIME.

    Best, Lana

    February 12, 2015 at 5:54 pm
  • Jan Urban
    Reply

    TELL A LIE AND EVENTUALLY THE TRUTH WILL CATCH UP. IT’S TIME J&J. THE DAMAGE IS DONE. THE ONLY THING THAT WILL BE REMEMBERED IS THE PERMANENT HARM YOU HAVE CAUSED, NOT THE MANY SUCCESSES.

    February 20, 2015 at 10:27 pm

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