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Johnson & Johnson Settles Bitter Dispute With Emergent BioSolutions For $50M

Johnson & Johnson and Emergent settle contract dispute; Emergent shares rise and plans restructuring.

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  • Jul 10, 2024

  • Mrudula Kulkarni

Johnson & Johnson Settles Bitter Dispute With Emergent BioSolutions For $50M

In 2022, Johnson & Johnson ended a five-year agreement with Emergent BioSolutions, which was supposed to produce the drug substance for J&J's COVID-19 vaccine. Emergent, based in Maryland, responded in an SEC filing, claiming J&J owed them $420 million for breaking the contract. Two months later, J&J countered with its own breach of contract complaint against Emergent, seeking arbitration. The contractual dispute originated after Emergent committed significant errors at its large Bayside facility in Baltimore, where it was manufacturing COVID vaccines for both AstraZeneca and J&J. These mistakes led to millions of contaminated vaccine doses being discarded, prompting the FDA to transfer control of the plant to J&J in April 2021.

In 2022, Johnson & Johnson ended a five-year agreement with Emergent BioSolutions, which was supposed to produce the drug substance for J&J's COVID-19 vaccine. Emergent, based in Maryland, responded in an SEC filing, claiming J&J owed them $420 million for breaking the contract. Two months later, J&J countered with its own breach of contract complaint against Emergent, seeking arbitration. The contractual dispute originated after Emergent committed significant errors at its large Bayside facility in Baltimore, where it was manufacturing COVID vaccines for both AstraZeneca and J&J. These mistakes led to millions of contaminated vaccine doses being discarded, prompting the FDA to transfer control of the plant to J&J in April 2021.

While Johnson & Johnson faced challenges with rare blood clotting issues related to its COVID-19 vaccine, prompting the FDA to restrict its use in May 2022, Emergent saw positive market reactions on Monday. Following a settlement agreement, Emergent's share price increased by 2%. Since the beginning of the year, the company's shares have surged by 214%, indicating a recovery from its COVID-19 setbacks. In May, new CEO Joe Papa revealed a restructuring plan that involves shutting down two plants in Maryland, including the Baltimore Bayside facility, and reducing the workforce by 300 positions.

Three weeks ago, the company disclosed the sale of its smaller fill-finish Camden facility in Baltimore to Bora Pharmaceuticals for $30 million. Last week, Emergent announced securing a U.S. government contract exceeding $250 million to manufacture vaccines for stockpiling against anthrax, botulism, and smallpox. The production will take place at its facilities in Winnipeg, Canada, and Lansing, Michigan.

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