Johnson & Johnson seeks to bar evidence of lost docs from pelvic mesh bellwether

Johnson & Johnson seeks to bar evidence of lost docs from pelvic mesh bellwether

Johnson & Johnson (NYSE:JNJ) subsidiary Ethicon is facing sanction after a magistrate judge in West Virginia found that the medical device company lost or destroyed evidence in the multi-district litigation filed over its pelvic mesh products, wants to prevent a plaintiff from telling a jury about the snafu.

Plaintiffs in the case last year asked the U.S. District Court for Southern West Virginia to impose "severe sanctions" for Ethicon’s alleged mishandling and destruction of 10s of thousands of documents. Johnson & Johnson, C.R. Bard (NYSE:BCR), Boston Scientific (NYSE:BSX), Endo Health Solutions (NSDQ:ENDP), Cook Medical and Coloplast (CPH:COLO B) are facing thousands of product liability and personal injury lawsuits over their respective pelvic mesh devices used to treat female urinary incontinence. Cases against the companies have been consolidated into multi-district litigation under Judge Joseph Goodwin.

The plaintiffs in the Ethicon case wanted the court to declare a default judgment in their favor in some of the bellwether cases in the Ethicon MDL. They also asked that the court prevent the defendants from using the "learned intermediary" defense, in which a manufacturer argues that the duty of care is fulfilled when all necessary information is imparted to a "learned intermediary" who then interacts with the consumer. And they wanted the statute of limitations defense off the table for all of the Ethicon MDL cases, according to the documents.

Last week Magistrate Judge Cheryl Eifert found that, although Ethicon did destroy or lose "documents that should have been preserved in anticipation of this litigation," "Ethicon’s loss of evidence was negligent, not willful or deliberate, and plaintiffs have failed to establish a resulting prejudice sufficient to support the severe sanctions of default judgment, striking of defenses, and the offering of an adverse instruction in every case," according to court documents.

That ruling prompted Ethicon to ask Judge Joseph Goodwin to bar plaintiff Carolyn Lewis from telling the jury in her bellwether lawsuit about the lost or destroyed documents, according to the documents.

"Although Judge Eifert also suggested that evidence regarding Ethicon’s inadvertent loss of documents may be permitted at trial where there is evidence that documents relevant to a specific plaintiff’s claims were lost, this is not such a case. Ms. Lewis is proceeding solely on a theory of design defect, and Judge Eifert’s ruling makes clear that Ethicon produced relevant documents on design issues from central files," Ethicon argued, according to the documents. "Moreover, even if Ms. Lewis were alleging claims based on failure to warn, Ethicon has produced responsive documents from the files of the sales representative who covered the territory that included Ms. Lewis’ physician. This case should be tried on the merits of Ms. Lewis’ claims – not plaintiffs’ irrelevant spoliation allegations. And plaintiffs should not be allowed to circumvent Judge Eifert’s denial of an adverse inference by introducing irrelevant, highly prejudicial evidence about Ethicon’s loss of documents at trial."

RSS From Medical Design & Outsourcing

  • GlobTek presents its latest level VI AC/DC adapter and connverter
    T-43086-WWVV-X.X-Q Model is an addition to GlobTek’s Level VI compliant GT-43086 family and represents GlobTek’s 6 Watt wall plug-in series of AC/DC adapters (power supplies and chargers) with International Interchangeable blades. GlobTek’s changeable input blade system with individual field replaceable input plugs, including: North America and Japan NEMA 1-15P, Australian, UK BS 1363, European CEE […]
  • Sanmina’s familiarity with FDA gets skin treatment product to market fast
    The medical market for cosmetic devices is booming. However, quickly launching new products to meet demand is becoming more challenging because device manufactures face increased regulatory scrutiny. To help meet regulatory requirements, aesthetic and other medical-device OEMs are partnering with electronics manufacturing services (EMS) companies that also offer expertise with the FDA filings necessary to […]
  • Fluid connectors and quick disconnects for IVD equipment from CPC
    Colder Products Company (CPC) offers thousands of tubing connectors, quick disconnects and fittings for smart fluid handling in IVD and analytical equipment. Non-spill connectors speed testing throughput by eliminating drips, preventing air inclusion and increasing operator safety. Panel mount connectors can be added to existing equipment or bottle caps to provide secure, leak-free connections. Puncture […]
  • 310 Watt desktop medical power supply meets efficiency level VI requirements
    Power Partners releases a new 310 Watt medical grade desktop power supply from their PEAMD Series of AC and DC adapters. The 310 Watt unit is packed for ideal performance inside a compact case measuring 7.8 x 4 x 2 in. with a weight of only 3 lbs. The PEAMD310 Series is approved to the latest […]
  • Saelig introduces Multiple Instrument System MIS4 universal test system
    Saelig Company has introduced the ABI Electronics’ Multiple Instrument Station MIS4, an all-in-one testing tool that provides all commonly required test instruments in one compact programmable hardware module, mounted in a compact case or installed in a PC-drive bay. Controlled by ABI’s sophisticated SYSTEM 8 Ultimate PC software with a simple yet programmable operator interface, […]
  • AssurX announces document management software update for small to mid-size companies in FDA regulated industries
    AssurX, an enterprise quality management, risk and regulatory compliance solution provider, announces the release of the latest update to their AssurX document management software. The document management solution provides a cost-effective solution for small to medium sized companies faced with streamlined operations and is fully compliant for FDA regulated industries. Ideal solution for small to […]
  • Saelig presents new Amplicon Impact-R 1100F series computer
    Saelig Company announces the Amplicon Impact-R 1100F series, a fanless system powered by the Intel ATOM D2550 processor. Configured with a high performance 2.5 in. MLC Solid State Drive (SSD), the Impact-R 1100F series is a silent controller system. With options for multiple serial communication ports, the Impact-R 1100F can offer up seven DB9 connections […]
  • Gerresheimer to acquire Centor
    Gerresheimer AG, a partner to the global pharmacy and healthcare industry, will further extend its pharmaceutical packaging business with the acquisition of Centor. Gerresheimer has reached an agreement with Nemera Development S.A. to acquire 100% of the share capital of Centor US Holding. “Centor is the highly profitable market leader for plastic vials and closures in […]
  • Methods Machine Tools presents the new Nakamura-Tome NTRX-300
    Methods Machine Tools, a developer of precision machine tools and automation, has introduced the new Nakamura-Tome NTRX-300, a multitasking turning center featuring complete parts machining in one operation, with a built-in load and unload automation system and advanced operator recognition management software. The NTRX-300 features true opposing twin spindles: an 8 in. A2-6 25 HP or […]
  • MSC Apex Diamond Python and Smart Midsurface speeds modeling to validation
    MSC Software announced a new release of MSC Apex, the company’s award-winning next generation Computer Aided Engineering (CAE) platform. The MSC Apex Diamond Python release introduces: · The fourth release of MSC Apex Modeler is a CAE Specific direct modeling and meshing solution that streamlines CAD clean-up, simplification and meshing workflow. New in this release is […]
  • Quality Metrics: FDA’s plan for a key set of measurements to help ensure manufacturers are producing quality medications
    Editor’s Note: This article is written by Ashley Boam and Mary Malarkey from the “FDA Voice” blog. Boam is an FDA’s acting Director of the Office of Policy for Pharmaceutical Quality, the Office of Pharmaceutical Quality and the Center for Drug Evaluation and Research. Malarkey is an FDA’s Director if the Office of Compliance and Biologics Quality […]

Leave a Reply