J&J Wants Discovery Mishaps Barred From Vaginal Mesh Trial

Law360, New York (February 7, 2014, 7:29 PM EST) -- Johnson & Johnson pressed a West Virginia federal judge on Thursday to bar the plaintiff in an upcoming bellwether trial in multidistrict litigation over vaginal mesh injuries from telling the jury that the company lost potential evidence, arguing it was irrelevant to the case.

The bid came two days after U.S. Magistrate Judge Cheryl Eifert found that Johnson & Johnson failed to preserve documents related to the litigation. She suggested that, in some cases, it may be appropriate for the jury to know about the loss of the evidence, such as when a plaintiff's physician relied on information supplied by a...

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