Transvaginal Mesh Lawsuit News: Federal Court Hears Motion on Destruction of Ethicon Evidence, Rottenstein Law Group LLP Reports

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The firm is currently offering Ethicon vaginal mesh lawsuit evaluations to women who allege that they sustained injuries from vaginal mesh implants.

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On January 23, the federal court overseeing the multidistrict litigation involving vaginal mesh products manufactured and sold by Ethicon heard arguments related to a motion accusing Ethicon and its parent company, Johnson & Johnson, of either losing or destroying key documents, according to the public court docket. The Rottenstein Law Group LLP, which represents victims in vaginal mesh lawsuits, offers insight into why missing documents can be problematic, and why victim-plaintiffs would file such a motion. Those interested should visit the firm’s Vaginal Mesh Lawsuits Center.

Attorneys for some plaintiffs filed the pending motion on Dec. 2, alleging that Ethicon “has lost or destroyed at least tens of thousands, maybe hundreds of thousands, of documents that likely contain information relevant to [p]laintiffs’ claims,” according to documents filed in In re: Ethicon Inc., Pelvic Repair System Products Liability Litigation; MDL-2327, U.S. District Court for the Southern District of West Virginia. The plaintiffs’ counsel is asking for default judgments in favor of the moving plaintiffs, a declaration that the court will issue a “spoliation instruction” to the jury at every bellwether trial, and certain additional relief, including charging Ethicon for the plaintiffs’ reasonable costs and attorney’s fees associated with the motion, according to the original motion papers filed with the court.

Johnson & Johnson subsidiary Ethicon’s vaginal mesh lawsuits are progressing in federal court in West Virginia. The Rottenstein Law Group LLP notes that while there are six different transvaginal mesh lawsuit consolidations for as many manufacturers, Ethicon is the only company not reportedly involved in mass settlement talks, according to an article published by Bloomberg on Sept. 30, 2013.*

The Rottenstein Law Group LLP encourages those who believe they have suffered from the alleged side effects of their vaginal mesh implants to visit the firm’s transvaginal mesh lawsuits FAQ page to learn about vaginal mesh compensation and settlements and lawsuits. For updates on lawsuit news, visit RLG's transvaginal mesh Facebook page.

Women are filing transvaginal mesh lawsuits alleging they suffered from adverse side effects such as pain and discomfort, in addition to device erosion, according to court documents. Vaginal mesh products were designed to enable doctors to treat pelvic organ prolapse and stress urinary incontinence.


The Rottenstein Law Group LLP is a New York-based firm that represents clients nationwide in mass tort actions. The firm was founded by Rochelle Rottenstein, who has more than two decades of experience as a lawyer, to represent clients hurt by defective medical devices and medications. (Attorney advertising. Prior results do not guarantee a similar outcome.)

The Rottenstein Law Group LLP
Rochelle Rottenstein, Esq.
100 Merrick Road
Suite 226W
Rockville Centre, NY 11570
(212) 933-9500 (office phone)
(212) 933-9980 (facsimile)
rochelle (at) rotlaw (dot) com

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Rochelle Rottenstein, Esq.
Vaginal Mesh Lawsuit
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