Given Johnson & Johnson and Ethicon’s alleged mishandling of certain documents relevant to their cases, plaintiffs in federally-filed transvaginal mesh lawsuit claims have filed a motion seeking to bar the companies from using certain defenses in next year’s bellwether trials, according to Bloomberg.com.

According to a filing issued on December 2nd, individuals who may have sustained injuries stemming from Gynecare pelvic mesh devices have charged that Ethicon and Johnson & Johnson destroyed or misplaced documents related to certain transvaginal mesh products that have since been associated with serious complications. According to the document, “Ethicon’s document destruction has severely prejudiced the plaintiffs for the upcoming bellwether trials. Defendants should not benefit from the gaps in plaintiffs’ story that defendant created.”

Johnson & Johnson Fails to Preserve Information Vital to Transvaginal Mesh Lawsuits

This court filing, which was issued in the U.S. District Court, Southern District of West Virginia, says that Johnson & Johnson’s failure to preserve pages of vital information should bar them from seeking to throw out certain suits that may have gone beyond legal deadlines.  The motion also comes two months shy of the federal Ethicon mesh litigation’s first bellwether trial, which is slated to begin on February 10, 2014 in Charleston.  (In re: Ethicon, Inc., Pelvic Repair Systems Products Liability Litigation – MDL No. 2327)

The Bloomberg article indicates that Johnson & Johnson is maintaining its defense against the charges brought against them. In an e-mailed statement, the company said, “We have never intentionally destroyed, withheld or failed to produce relevant documents. Additionally, the plaintiffs were not “prejudiced by any isolated instances where documents may have inadvertently not been maintained.”

As of December 2013, Johnson & Johnson and Ethicon were facing approximately 12,000 federally-filed lawsuits over its line of Gynecare pelvic mesh products, and another 4,000 in a multicounty proceeding established in New Jersey Superior Court. The first trial in that litigation ended in March 2013 with an $11 million damage award to the Plaintiff. (In re: Pelvic Mesh/Gynecare Litigation, No. 6341-10)

In addition to claims brought over Ethicon products, thousands of cases against vaginal mesh manufacturers including C.R. Bard Inc., Boston Scientific and American Medical Systems are also pending in the Southern District of West Virginia.

Contact an Attorney to File a Transvaginal Mesh Lawsuit

Call the Firm directly to speak with an attorney directly at (877) 779-1414. You may be eligible to file a claim seeking compensation for injures you may have incurred as a result of transvaginal mesh.

Published December 11, 2013 by