New York, New York (PRWEB) February 06, 2014
A federal magistrate judge has found that Ethicon, Inc. negligently destroyed files relevant to thousands of vaginal mesh lawsuits (http://www.transvaginalmeshlawsuithelp.com/) pending in the multidistrict litigation underway in the U.S. District Court, Southern District of West Virginia. In an Order dated February 4, 2014, U.S. Magistrate Judge Cheryl Eifert wrote that while there was no evidence the destruction was intentional, juries in transvaginal mesh lawsuits involving Ethicon products should be allowed to hear evidence about the destruction of those files. However, U.S. District Judge Joseph Goodwin, who is overseeing the federal Ethicon litigation, will make the final ruling on that matter. (In re: Ethicon, Inc., Pelvic Repair Systems Products Liability Litigation - MDL No. 2327)
According to court documents, Plaintiffs filed two motions in December claiming that Ethicon lost or destroyed certain documents relevant to their transvaginal mesh lawsuits. For its part, Ethicon admitted that its document-retention system “failed miserably in certain instances,” to preserve the files in question. The computer files and documents dated back to 2007, and pertained to the development of Ethicon’s pelvic mesh devices.
“Our Firm is representing numerous women in vaginal mesh lawsuits that have been filed in the federal Ethicon litigation. We are closely monitoring the progress of these cases,” says Bernstein Liebhard LLP, a nationwide law firm representing victims of defective drugs and medical devices. The Firm continues to evaluate legal claims on behalf of women who suffered serious transvaginal mesh complications, allegedly due to products marketed by Ethicon and other manufacturers.
Transvaginal Mesh Lawsuits
Bernstein Liebhard LLP partner, Jeffrey S. Grand, is serving on the Plaintiffs’ Steering Committee for the federal Ethicon litigation. Court records indicate that nearly 15,000 transvaginal mesh lawsuits have been filed in the Southern District of West Virginia, all of which allege Ethicon’s pelvic mesh products were defectively designed and manufactured, resulting in serious injuries to recipients. The first federal trial of an Ethicon vaginal mesh lawsuit is scheduled to begin on February 10th in the Southern District of West Virginia.
According to court records, Ethicon, a subsidiary of Johnson & Johnson, is also facing nearly 4,700 similar claims that have been filed n a consolidated proceeding underway in New Jersey’s Atlantic County Superior Court, where the first trial ended in March with an award of $11 million to the Plaintiff. Mr. Grand is serving as Co-Liaison Counsel in this proceeding, and was also a member of that trial team. (In re: Pelvic Mesh/Gynecare Litigation, No. 6341-10)
The federal Ethicon litigation is one of several currently underway in the Southern District of West Virginia involving pelvic mesh devices used to treat pelvic organ prolapse and stress urinary incontinence. Mr. Grand is also serving on the Plaintiffs’ Steering Committees for three other federal vaginal mesh proceedings, including: American Medical Systems, Inc. (MDL No. 2325); Boston Scientific Corp., (MDL No. 2326); and C.R. Bard, Inc., (MDL No. 2187). He was also named Co-Liaison Counsel in a second litigation underway in Atlantic County Superior Court for lawsuits involving C.R. Bard products. (In re: Pelvic Mesh Litigation/Bard, No. L-6339-10)
Alleged victims of serious transvaginal mesh complications may be entitled to compensation from the manufacturer of their device. To find out more about filing a vaginal mesh lawsuit, please visit Bernstein Liebhard LLP’s website, or the Firm’s Facebook page: https://www.facebook.com/meshlawsuit. To obtain a free, confidential and no-obligation case review, please call 800-511-5092.
About Bernstein Liebhard LLP
Bernstein Liebhard LLP is a New York-based law firm exclusively representing injured persons in complex individual and class action lawsuits nationwide since 1993, including those who have been harmed by dangerous drugs, defective medical devices and consumer products. The firm has been named by The National Law Journal to the “Plaintiffs’ Hot List,” recognizing the top plaintiffs’ firms in the country, for the past 11 consecutive years.
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Felecia L. Stern, Esq.
Bernstein Liebhard LLP