Johnson & Johnson Did Mishandle Documents
Posted on February 11, 2014 by Cal Warriner
Plaintiffs’ lawyers handling thousands of transvaginal mesh cases filed in West Virginia have proven their contention that Johnson & Johnson (J&J) mishandled thousands of documents necessary for the pending litigation. Now what?
Cheryl Eifert, a U.S. Magistrate judge from Charleston, W.V. ruled this week that the healthcare giant improperly lost or destroyed thousands of documents, emails, files and videotapes. Attorneys had asked for sanctions and for an automatic ruling in their pending four bellwether cases. Instead Judge Eifert says that evidence should go before jurors to let them decide whether the loss of documents puts the Plaintiffs at a disadvantage.
The ruling comes just in time for the first federal case putting transvaginal mesh and the company on trial. February 10 will be jury selection and opening arguments in this multidistrict litigation that has more than 15,000 Ethicon cases ( a unit of J&J) pending before Judge Joseph R. Goodwin.