First Federal Trial in Ethicon Transvaginal Mesh Lawsuit Litigation Scheduled to Begin Today
The first trial for a federally-filed Ethicon transvaginal mesh lawsuit is scheduled to begin today in the Southern District of West Virginia, where juries will weigh arguments related to the company’s pelvic implants, court documents indicate.
The February 10th hearing will involve claims brought by a woman who allegedly sustained vaginal mesh erosion and shrinkage of the Johnson & Johnson subsidiary’s TVT Retropubic bladder sling. Among other things, the plaintiff in this case says that the implant she received was defective, given its potential to cause chronic pain, infection, and other injuries noted in her vaginal mesh lawsuit. Court records indicate that hers is the first Ethicon case to head to trial in the U.S. District Court, Southern District of West Virginia, where a federal judge is also overseeing lawsuits over its line of Gynecare pelvic mesh devices. Plaintiffs in these cases allege similar complications to those involving the TVT Retropubic bladder sling.
Were J&J’s Lost, Destroyed Documents Vital to Pelvic Mesh Lawsuit Litigation?
According to a recent report from Bloomberg.com, the start date for this trial comes shortly after a U.S. Magistrate Judge involved in the litigation reached conclusions about certain Ethicon pelvic mesh information that has reportedly gone missing. Announced on February 4th, she concluded that thousands of documents going back as far as 2007, and relate to Johnson & Johnson’s development of its pelvic mesh devices, have since been lost or destroyed. The federal judge overseeing the proceeding, which now includes more than 11,600 cases, will need to approve the U.S. Magistrate Judge’s recommendation that juries involved in Ethicon pelvic mesh trials be made aware of these lost or destroyed documents, court documents indicate.
According to Bloomberg, representatives for the company have suggested that only plaintiffs who can argue that this lost information put them at a disadvantage should be allowed to include it as evidence in their Ethicon vaginal mesh lawsuits.
Court records show that lawsuits involving this company’s products are not only pending in courts throughout the U.S., they are also making significant progress. In a consolidated proceeding underway in New Jersey’s Atlantic County Superior Court, the first trial involving Ethicon’s Gynecare mesh concluded in March with an $11 million damage award to the plaintiff. A Case List updated on February 1st indicates that 4, 691 cases have now been filed in this litigation.
Filing an Ethicon Vaginal Mesh Lawsuit
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