A United States magistrate judge in West Virginia recently issued a report that could impact women injured by Johnson & Johnson’s transvaginal pelvic mesh devices around the country. According to news stories about the judge’s report, Ethicon, a unit of Johnson & Johnson, may have lost or destroyed thousands of documents and computer files related to two specific pelvic mesh devices – the Gynecare Prolift Mesh and the TVT Retropubic Mesh.
Did Ethicon Destroy Important Pelvic Mesh Information on Purpose?
The magistrate found that there was no evidence that Ethicon deliberately destroyed important pelvic mesh information. However, the magistrate did reportedly find that:
- Ethicon officials were negligent in their handling of files that could be relevant to the transvaginal mesh cases pending in federal court.
- At least some juries should be allowed to hear evidence concerning the document destruction. Specifically, the magistrate suggested that women who were put at a disadvantage by the destruction of documents should be able to raise the issue before a jury.
For its part, Ethicon has reportedly said that its documentation retention system has “failed miserably in certain instances”, but that it has produced millions of pages of documents to plaintiffs in these transvaginal mesh cases.
What Happens Now?
The magistrate’s report must be reviewed by a federal judge before it becomes final. Our Kentucky transvaginal mesh injury lawyers extend our best wishes for full and fast recoveries to the plaintiffs who are beginning their jury trials and to those women who have been hurt by pelvic mesh devices and who have not yet had their day in court.