Johnson & Johnson Accused of Destroying Transvaginal Mesh Documents
Given Ethicon and Johnson & Johnson’s alleged mishandling of specific documents relevant to the transvaginal mesh lawsuits filed against them, plaintiffs in these proceedings have also filed a motion seeking to prevent the companies from using certain defenses in the transvaginal mesh bellwether trials scheduled to begin next year.
According to a filing released December 2, 2013, plaintiffs who have allegedly sustained injuries from Gynecare pelvic mesh devices allege that Johnson & Johnson and Ethicon have either misplaced or destroyed documents related to specific transvaginal mesh products that have recently been associated with adverse complications. The document asserts that the companies’ destruction of the documents has severely prejudiced the plaintiffs for the upcoming trials in 2013, and that the defendants should not be able to benefit from the “gaps” in the plaintiffs’ stories that the manufacturers created.
Those who have experienced adverse side effects or complications due to a transvaginal mesh implant are urged to contact the attorneys at Bernstein Liebhard LLP. You may be eligible to file a transvaginal mesh lawsuit and seek compensation for your condition.
Johnson & Johnson Allegedly Destroys Transvaginal Mesh Lawsuit Information
Issued in the U.S. District Court, Southern District of West Virginia, the court filing states that the manufacturer’s failure to preserve pages of crucial information should prevent them from attempting to dispose certain transvaginal mesh lawsuits that may have proceeded beyond legal deadlines. Additionally, the motion comes two months shy of the first bellwether trial of the federal litigation pertaining to Ethicon’s product, which is scheduled to begin in Charleston on February 10, 2014.
Johnson & Johnson is reportedly maintaining its defense position against the most recent charges. In a statement, the company asserted that it had never intentionally withheld, destroyed or failed to produce relevant documents, and that the plaintiffs in the proceeding were not prejudiced by any cases wherein the documents may have not been kept.
Court documents indicate that, as of December 2013, Ethicon and Johnson & Johnson were allegedly facing over 12,000 federally-filed lawsuits and 4,000 claims in a multicounty proceeding in New Jersey Superior Court. The claims include allegation of a line of Gynecare pelvic mesh products. The first trial in the New Jersey proceeding was finalized in March 2013, and the plaintiff was awarded an $11 million settlement.
In addition to allegations brought over Ethicon products, thousands of transvaginal mesh lawsuits against other manufacturers are pending in the Southern District of West Virginia. Defendants include American Medical Systems, Boston Scientific and C.R. Bard, Inc.
As of 2011, over 4,000 adverse event reports pertaining to transvaginal mesh have included complications such as local organ damage, pain, urinary tract issues, mesh site bleeding and infections in the mesh area. The most commonly reported complication in pending lawsuits is that of mesh erosion. However, certain surgical techniques, advanced age, low levels of estrogen and the size of the mesh implant may all affect a patient’s likelihood to experience complications.
Victims of Transvaginal Mesh Complications Should Seek Legal Counsel
If you or someone you love suffered from complications or adverse side effects following your transvaginal mesh procedure, you may be entitled to file a transvaginal mesh lawsuit and seek compensation for your injuries. It is crucial to keep records of your expenses, procedures and medical appointments as they pertain to your injury, and call Bernstein Liebhard LLP today at (888) 217-3033 to schedule your free case evaluation.