Medical device trade group AdvaMed announced today that it has filed an amicus curiae brief supporting an appeal to overturn a $344 million pelvic mesh ruling against Johnson & Johnson in California.
Lawyers for AdvaMed tell the California Court of Appeal that the San Diego Superior Court judgment violated safe harbor protections because the case involved J&J communications about pelvic mesh that were FDA-approved.
“We believe the trial court misapplied California’s Unfair Competition Law and Fair Advertising Law by failing to judge the communications from the perspective of the target audience — trained physicians who treat pelvic floor conditions — over 80 of whom confirmed that the marketing materials were not likely to mislead them,” said Pat Fogarty, AdvaMed’s SVP, deputy general counsel and director of litigation.
“The decision undermines a manufacturer’s ability to rely on FDA input when it comes to the adequacy of …