J&J’s Failure to Preserve Docs May Impact Future Transvaginal Mesh Lawsuit Trials
Juries hearing evidence in an upcoming transvaginal mesh lawsuit trial will likely weigh arguments from Johnson & Johnson about certain pelvic mesh documents dating back to 2007 that have since been lost or destroyed by the company, Bloomberg.com reports.
According to a recent article, the U.S. Magistrate Judge assigned to cases against Ethicon Inc. in the U.S. District Court, Southern District of West Virginia concluded on February 4th that the company misplaced or got rid of information relating to the development of its pelvic mesh devices. U.S. District Court Judge Joseph Goodwin will need to approve her recommendation that juries in federal Ethicon lawsuits will be told about the lost and destroyed documents.
12,000 Ethicon Vaginal Mesh Lawsuits Now Filed in West Virginia Litigation
The report notes that the first federal trial in this litigation is scheduled to begin on February 10th in the U.S. District Court, Southern District of West Virginia. Among other things, the plaintiff in this case will set out to prove that the TVT Retropubic mesh device she received was defective, given its potential to erode and shrink over time, causing pain and other serious injuries. Court documents indicate that this implant and others have been named in over 12,000 vaginal mesh lawsuits now pending in West Virginia federal court.
Ethicon has acknowledged the inefficiency of its document-storing system since the news came to light, but maintains that certain pelvic mesh information could have been accessed through other sources.
“While Ethicon produced millions of pages of documents in the MDL, it did inadvertently fail to preserve some documents, many of which were available elsewhere,” according to a company spokesperson.
Further, the vaginal mesh lawsuit defendant has asked that women who have sued Ethicon over this loss of information include it as evidence in their cases only if they can argue that it contributed to their alleged injuries.
In addition to claims filed in West Virginia, court records show that 4, 691 cases against Ethicon are now pending in a consolidated litigation established in New Jersey’s Atlantic County Superior Court.
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If you experienced pain, organ damage, mesh erosion or another complication stemming from an Ethicon mesh implant, call our lawyers today to learn if you are eligible to file a case. Our Firm can be reached at (877) 779-1414.