Jeanette Hoffman, Executive Director of New Jersey Patients Come First, has raised concerns over lawsuit advertisements that may mislead patients into discontinuing FDA-approved treatments. She warns that such ads could slow medical innovation and create significant health risks. Hoffman expressed these views in an op-ed.
“Many of these commercials omit critical medical information, including the fact that these drugs remain U.S. Food and Drug Administration-approved,” said Hoffman, New Jersey Executive Director. “Because of the misconception that these lawsuit ads are urgent and advise consumers to stop taking products immediately, there are cases of patients who’ve even died. Mass tort litigation can also pose serious challenges to the medical research industry by discouraging innovation and investment in new treatments.”
According to the op-ed, misleading legal advertisements often present themselves as “health alerts,” leading patients to mistakenly believe they should stop taking FDA-approved medications without consulting their doctors. This can result in serious harm or even death. In 2023 alone, nearly $1.2 billion was spent on 16 million legal ads, with trial lawyers encouraging consumers to file lawsuits against medical products. Hoffman cites a 2014 ad campaign targeting Xarelto, after which the FDA reported 31 cases of patients who stopped their medication and subsequently suffered serious injury or death.
Hoffman also states that mass tort litigation can deter pharmaceutical companies and medical device manufacturers from investing in new treatments due to fear of large-scale lawsuits, even when claims lack strong scientific support. This hesitation can impede medical innovation, delay the development of treatments for complex diseases, and restrict patient access to new therapies. Ultimately, when research and development are disrupted, patients—especially those with rare conditions—suffer from fewer medical options and delayed care.
New Jersey continues to face serious concerns about lawsuit abuse, according to the American Tort Reform Foundation’s (ATRF) 2023–2024 Judicial Hellholes report. The ATRF notes that courts in New Jersey have expanded business liability and allowed legal tactics like mass arbitration to pressure defendants into large settlements, regardless of the merits of individual claims. These trends have raised fears that New Jersey could soon be classified as a full Judicial Hellhole if reforms are not implemented.
Hoffman is an experienced public affairs consultant and media spokesperson specializing in strategic messaging, marketing, crisis communications, and public affairs campaigns. She serves as president of a public affairs firm with over two decades of expertise in advocacy, politics, policy, and state government while also appearing regularly as a media commentator on national television and radio outlets.
