Bernstein Liebhard LLP Reports That Plaintiffs In Transvaginal Mesh Lawsuits Win Important Ruling About Confidentiality Of Company Documents
Bernstein Liebhard LLP, a nationwide law firm representing clients in transvaginal mesh lawsuits, reports that on May 23, 2012 the Honorable Carol E. Higbee, who is overseeing the NJ pelvic mesh litigation, issued an Order that certain categories of documents produced by defendants Ethicon, Inc. and Johnson & Johnson may no longer be deemed confidential.
NJ Pelvic Mesh Litigation Ruling Permits Public Disclosure Of Certain Documents
The main documents at issue included consulting agreements between defendants and its physician consultants, and documents pertaining to the transvaginal mesh products and related submissions to regulatory agencies, such as the U.S. Food and Drug Administration. These materials had been deemed confidential by defendants when they initially produced them to plaintiffs. Pursuant to the terms of a confidentiality order governing the exchange of documents in the transvaginal mesh lawsuits, when a party deems a document confidential, certain restrictions apply on how that document may be used or disclosed. Plaintiffs challenged defendants’ designation that the documents at issue were truly confidential and defendants made a motion before the Court seeking to uphold their designation. Judge Higbee denied defendants’ motion and ruled that most of the documents at issue are not confidential. While the Court ruled that the consulting agreements between defendants and physicians should not be publicly disseminated, it did not place this restriction on the product-related and regulatory documents at issue.
“This is an important ruling for plaintiffs because it permits us, where appropriate, to share certain non-confidential regulatory documents with interested parties in the medical community who are monitoring the public health issues that have arisen in the wake of transvaginal mesh injuries,” commented Bernstein Liebhard LLP partner Jeffrey S. Grand, who was one of the attorneys involved in briefing and arguing the motion.
Mr. Grand serves as Co-Liaison Counsel in In re Pelvic Mesh/Gynecare Litigation, No. 6341-10 (N.J. Super Ct.) and In re Pelvic Mesh Litigation/Bard No. L-6339-10 (N.J. Super. Ct.), two consolidated actions of all pelvic mesh lawsuits filed in New Jersey state court. Mr. Grand also serves on the Plaintiffs’ Steering Committee in the federal litigation, In re: Ethicon, Inc., Pelvic Repair System Products Liability Litigation (“MDL No. 2327”), which is a consolidation of all the transvaginal mesh lawsuits filed in federal court against Johnson & Johnson, and its subsidiary, Ethicon, Inc. The federal transvaginal mesh lawsuits are currently pending in the U.S. District Court for the Southern District of West Virginia before Judge Joseph R. Goodwin.
Those who have suffered damages from pelvic mesh implants may be entitled to compensation for medical expenses, pain and suffering, lost wages and other injuries. Learn more by watching this pelvic mesh video, or by visiting our website.
About Bernstein Liebhard LLP
Bernstein Liebhard LLP is a New York-based law firm exclusively representing injured persons in complex individual and class action lawsuits nationwide since 1993, including those who have been harmed by dangerous drugs, defective medical devices and consumer products. The firm has been named by The National Law Journal to the “Plaintiffs’ Hot List,” recognizing the top plaintiffs’ firms in the country, for the past nine consecutive years. Only two firms in the country have been selected for the Hot List nine years in a row.
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