J&J Punished For Losing Evidence In Vaginal Mesh MDL

Law360, New York (February 5, 2014, 5:09 PM EST) -- A West Virginia magistrate judge on Tuesday ordered Johnson & Johnson to pay a penalty for failing to preserve documents related to multidistrict litigation over alleged transvaginal mesh injuries, finding it disadvantaged plaintiffs' attorneys during discovery.

However, U.S. Magistrate Judge Cheryl Eifert refused to impose the more severe restrictions requested by plaintiffs, such as default judgments against Johnson & Johnson in upcoming bellwether trials, the striking of its defenses or adverse jury instructions in every case in the litigation. The plaintiffs have not shown that Johnson & Johnson subsidiary Ethicon Inc., the maker of the allegedly defective TVT and Prolift mesh...

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