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Home  /  Insight & News  /  Court Cites Hemming Morse Expert’s Testimony in Support of $344 Million Damages Claim in Pelvic Mesh Case

Court Cites Hemming Morse Expert’s Testimony in Support of $344 Million Damages Claim in Pelvic Mesh Case

  • February, 2020

California Superior Court judge Eddie Sturgeon ruled on January 30, 2020, that Johnson & Johnson had “deceptively marketed their pelvic mesh products” for years to doctors and consumers, without fully disclosing the risk of the devices.  The court concluded that Johnson & Johnson owed $344 million in damages, which was supported by the testimony of Hemming Morse Partner Travis Armstrong:

“The Court finds that for each of these categories, Mr. Armstrong relied on J&J’s available data and evidence to draw reasonable inferences and extrapolations, make assumptions, and produce reasonable estimates or calculations of the circulation or dissemination of J&J’s deceptive marketing messages. In doing so, for some of the categories, Mr. Armstrong conservatively omitted from his count certain gaps of time where the evidence shows that J&J was engaged in deceptive marketing conduct, but the incompleteness of J&J’s data did not permit a calculation or estimate. The Court credits Mr. Armstrong’s methodology, extrapolations, estimates and calculations and finds that they have produced reasonable quantifications of the number of times J&J circulated its marketing materials.”

https://www.bloomberg.com/news/articles/2020-01-30/j-j-ordered-to-pay-344-million-over-vaginal-mesh-marketing

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