This is part 1 of a 2 part series authored by United States Supreme Court Bar attorney David Slepkow concerning Physiomesh. This series of articles pertains to whether Ethicon’s self-described “removal” of Physiomesh™ was in fact a “recall” and does it make any difference as far as injured victims are concerned?
Hernia mesh lawsuit
Rhode Island personal injury attorney, David Slepkow is available for a free consultation 24/7 at 401-439-8372. He is now reviewing certain hernia mesh claims on behalf of seriously injured victims. David Slepkow is also licensed to practice law in Massachusetts. He is proud to be admitted as a member of the United States Supreme Court Bar.
Who cares whether Ethicons’ conduct was a market withdrawal, a removal or a recall?
Rhode Island defective product recall attorney, David Slepkow recently authored an extensive article concerning Ethicon Physiomesh . Physiomesh is a hernia mesh product that was removed from the Market by Johnson and Johnson’s subsidiary company Ethicon.
Ethicon cares for some reason whether its removal will be considered by courts, victims and lawyers as a recall
David Slepkow posted an exposé on this blog, informing the public of the the dangers of Physiomesh™ to injured victims. Apparently, Johnson and Johnsons’ subsidiary Ethicon and their corporate law firm, Butler | Snow LLP, was displeased with David Slepkow’s exposé. Ethicon engaged in a course of conduct to edit, censor and stop Attorney Slepkow from posting his analysis of Ethicon’s Physiomesh™ market removal.
Ethicon’s cease and desist letter to Hernia Mesh attorney David Slepkow
On February 6 2017, I received a letter from corporate counsel at Butler Snow LLP representing Ethicon, a subsidiary of Johnson and Johnson. They threatened me with legal action if I do not make it clear that, “The removal of Physiomesh from the United States market was classified by the U.S. Food and Drug Administration (FDA) as a Market Withdrawal, not a recall.” (see letter set forth to the left).
According to the letter “Ethicon demands you confirm to me by the close of business on February 14, 2017, in writing that your firm will: (1) promptly remove the above cited statements; (2) post a clear and prominent statement on your firm’s website correcting the false statements; and (3) refrain from making the false statements or any other similar false statement about Physiomesh in any context in the future.”
Do lawyers for Johnson and Johnson have better things to do than go after a local blog
It is troubling that a subsidiary of a seventy billion dollar a year company would send a cease and desist letter to a local Rhode Island personal injury lawyer who is exercising his free speech rights and educating the public about the alleged dangers of Ethicon Physiomesh™. After all, according to wikipedia Johnson & Johnson “includes some 250 subsidiary companies with operations in 60 countries and products sold in over 175 countries. Johnson & Johnson had worldwide sales of $70.1 billion during calendar year 2015.”
Ethicon and their high-powered attorneys attempt to stop attorney Slepkow from his free speech rights
Not only did they attempt to censor his RI personal injury law blog they demanded actual editorial control over the post and blog. Perhaps, Johnson and Johnson should put more resources in properly designing and engineering medical devices and less time trying to silence an attorney in the Ocean State. It is pathetic
Nonetheless, David Slepkow is not afraid to take on corporate America, big insurance Ethicon and Johnson and Johnson. David Slepkow will take on those who put innocent victims in danger of serious injury. David Slepkow is willing to go head to head against Ethicon’s 300 lawyer firm Butler | Snow LLP.
- Ethicon Physiomesh™
- Atrium C-QUR
- Composix® Kugel® mesh patches (manufactured by C.R. Bard subsidiary Davol)
- All C.R. Bard mesh patches made of Marlex polypropylene
It appears in my opinion, that Ethicon is afraid of David Slepkow exposing Ethicon’s product, Physiomesh™
My primary concern is helping injured victims get the compensation that they deserve against corporate America who put injured victims in harm’s way. David is a partner and owner of the venerable law firm of Slepkow Slepkow & Associates, Inc established in 1932.
##Full text of cease and desist letter:
Butler | Snow
February 6, 2017
VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED
1481 Wampanoag Trail Ste. 1
East Providence, RI 02915
We represent Ethicon, Inc. (Ethicon), the former manufacturer of Ethicon Physiomesh™
Flexible Composite Mesh (Physiomesh™).
Ethicon has recently learned your firm is disseminating false and misleading statements about Physiomesh™. On your website, http://www.ripersonaliniurylaw.com/hemia-mesh-lawsuit/ , you refer several times to Ethicon’s removal of Physiomesh™ from the market as a “recall.” This statement is inaccurate and misplaced. The removal of Physiomesh™ from the United States market was classified by the U.S. Food and Drug Administration (FDA) as a Market Withdrawal, not a recall.
The inaccuracy of your statement may be due to your mistaken reliance upon the classification of the Market Withdrawal as a recall by foreign regulatory bodies that have different definitions for such actions under local regulations.
Ethicon demands you confirm to me by the close of business on February 14, 2017, in writing that your firm will: (1) promptly remove the above cited statements; (2) post a clear and prominent statement on your firm’s website correcting the false statements; and (3) refrain from making the false statements or any other similar false statement about Physiomesh™ in any context in the future.
Please be advised in the event you decide to continue to disseminate false and inaccurate statements, and do not take immediately take the corrective measures outlined above, Ethicon will be compelled to take action and to pursue all rights and remedies at law and in equity. Accordingly, this letter is without prejudice to all of Ethicon’s rights and remedies, in equity, at law or otherwise. Moreover, please be advised your failure to correct the statement is potentially damaging to Ethicon and may constitute a breach of your ethical obligations.
Butler Snow LLP
Ashley Nader Stubbs
Post Office Box 6010
Ridge land, MS 39158-6010
Legal Notice per Rules of Professional Responsibility: The Rhode Island Supreme Court licenses all lawyers and attorneys in the general practice of law, but does not license or certify any lawyer / attorney as an expert or specialist in any field of practice. While this firm maintains joint responsibility, most cases of this type are referred to other attorneys for principle responsibility.