Johnson & Johnson Exec. Alleges he was Fired for Safety Concerns
Posted by
Christina ColeDecember 30, 2006 4:11 PMFormer vice president of two Johnson & Johnson subsidiaries claims in a lawsuit that he was fired for seeking recalls on numerous faulty products. One such product includes the Ortho Evra birth control patch which was the subject of at least 1,000 product liability suits.
One of the world's largest medical and drug product makers, New Jersey based Johnson & Johnson, said last week they fired the executive for inappropriate conduct.
Dr. Joel S. Lippman alleges in his civil complaint that he was unlawfully terminated on May 15, after being employed by Johnson & Johnson for 15 years, because he continually complained about product safety concerns and urged several products to be recalled or to delay new launches. Lippman has declined an interview.
Bruce McMorn, Lippman's attorney says "He feels terribly wronged." "He was fired at the peek of his career for simply doing his job."
The lawsuit alleges Lippman's problems began when he complained about safety concern data on a hormonal menopausal product Ortho-Prefest and about serious health concerns about the Ortho Evra patch, "which released dangerously high levels of estrogen into the patients."
In September of 2006, the Food and Drug Administration required J&J to add a health warning to the Ortho Evra package insert stating the risk of blood clots in the lungs and legs may be high for women using the patch instead of birth control pills. It is uncertain if Ortho-Prefest was ever sold but J&J discounted Lippman's worries about Ortho Evra and launched the product, then transferred him to Ethicon.
Not long after joining Ethicon in 2000, Lippman showed concern regarding research data that indicated a product to be launch could potentially block arteries; he was told that if he kept opposing the launch, "his action could affect his bonus and standing within the company," states the suit. In 2002 Lippman insisted on recalling a product that prevented painful scarring after gynecological surgery that had caused serious injury and death according to the lawsuit. After a year, they recalled it but he and his colleagues were scolded over the recall.
As of October1, J&J reported approximately 1,000 claimants had filed suit or made claims alleging Ortho Evra causing injuries. Some women have died of blood clots while using Ortho Evra. Attorneys that specialize in medical product liability lawsuits are seeking more plaintiffs through the Internet - more suits are expected.
According to the suit, over the next few years Lippman complained about safety problems with five other devices, including an applicator used in endoscopic procedures that "oozed chromium during use" and ProCeed, a surgical mesh for hernia repair that FDA ordered the company to recall. Lippman, who was then dismissed, also is alleging age discrimination. In a statement, Johnson & Johnson said Lippman was fired "as a result of inappropriate conduct and mismanagement of responsibilities unrelated to the allegations he raises in the lawsuit." The statement said J&J "will vigorously defend against the claims because the allegations are not true. Our company remains committed to providing quality products that yield positive patient outcomes."
Attorney Ellen Relkin, who is on committees of plaintiffs lawyers overseeing both federal Ortho Evra lawsuits and those filed in New Jersey, said news of Lippman's lawsuit will have some impact on the number of product liability suits, particularly among women who believe Ortho Evra injured them but hadn't yet sued.
