Attorneys in Vaginal Mesh Lawsuits Push for Sanctions, Reject Defenses

If you’re following the recent cases against manufacturers of surgical mesh implants, you’re probably wondering how a company can fail to produce safety records and other important documents in front of a judge. In one case, the answer may be as simple as control-alt-delete.

Attorneys in the recent vaginal mesh lawsuit against Ethicon have accused the company of systematic destruction of evidence, including erasing a hard drive belonging to former Ethicon president Renee Selman. This and other lost documents and files occurred despite a spoliation letter issued to the company in 2003 to protect information in case of further lawsuits.

To punish the company for destruction of evidence, plaintiffs have asked the judge in the case to impose the following sanctions on Ethicon:

  • Bellwether judgements – Victims want the judge to declare a judgment in their favor in the earliest cases to be tried, also known as bellwethers.
  • Spoliation notices – The Court may have to issue a spoliation instruction to each Ethicon bellwether jury, reminding them of the lack of destroyed or missing evidence.
  • Lack of defense – Plaintiffs have asked that the judge prevent the company from invoking the “learned intermediary defense.” This maneuver would allow Ethicon to argue that “learned intermediaries” such as a medical professionals were educated about the risks of their products, fulfilling their duty of care and exonerating them from liability.
  • Statute of limitations – As the spoliation of evidence raises questions about the discovery of injuries, plaintiffs have objected to the company’s use of any statute of limitations defenses in all Ethicon mesh lawsuits.

If you want to hold Ethicon responsible for causing your pelvic mesh injuries, contact Gray and White today at 888-450-4456 or fill out the contact form on the top of this page. Our Kentucky Ethicon lawsuit attorneys can help explain your legal options at no cost to you in your FREE case evaluation.

Mark K. Gray
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Louisville attorney serving the seriously injured in Kentucky
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