Is the FDA Helping Companies Dodge Liability? Hernia Mesh Litigation Provides a Current Example
A disturbing piece of information has come up in the course of current litigation over the Ethicon Physiomesh hernia patch, suggesting that the Food and Drug Administration may be aiding and abetting the Johnson & Johnson subsidiary – whether by design or by accident. It is a loophole that Ethicon’s attorneys are attempting to use in order to “prove” that the defendant was not liable for patient injuries – and moreover, allows the corporate recidivist to cast itself in a positive light. Approximately one year ago, the law firm representing Ethicon sent a letter to plaintiffs’ counsel, accusing them...
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