En EspaƱol

J & J Penalized for Losing Evidence in Vaginal Mesh Lawsuits

By Brian Chase on February 21, 2014 - 1 comment

johnson and johnson logoA West Virginia magistrate judge has ordered Johnson & Johnson to pay a penalty for failing to preserve documents relating to a multidistrict litigation over alleged injuries caused by transvaginal mesh implants.

According to Law360, the judge found that J & J’s “carelessness” in losing important documents put plaintiffs’ attorneys at a disadvantage during the discovery process.

The judge, however, refused to impose much more severe restrictions requested by plaintiffs such as default judgments, adverse jury instructions and striking certain defenses.

The judge said although J & J was wrong to misplace key documents, the plaintiffs’ attorneys have not been able to show that J & J and its subsidiary, Ethicon, acted in bad faith. The judge has left it up to the district judges to decide on a case-by-case basis if adverse jury instructions are warranted.

The court said that plaintiffs’ attorneys have been able to show that Ethicon negligently lost the relevant documents complicating the discovery and case preparation process and has increased their litigation costs. The court has not determined the amount that J & J will have to pay as a penalty.

Vaginal Mesh Side Effects

Transvaginal mesh implants are sling-like devices that are used to treat pelvic organ prolapse and stress urinary incontinence in older women.

Several medical device manufacturers such as J & J, C.R. Bard, American Medical Systems and Boston Scientific manufacture and sell these products. In recent years thousands of patients have been questioning the safety and effectiveness of these medical devices.

The U.S. Food and Drug Administration (FDA) has even issued a warning to patients and healthcare providers about the potential risks of these products.

Thousands of women nationwide have filed adverse event reports to the FDA between 2005 and 2010. Device failure has resulted in serious complications including vaginal scarring, inflammation, excruciating pain, mesh erosion, urinary problems, painful sexual intercourse and nerve damage.

Responsibility of the Medical Device Manufacturer

A number of patients allege that they were not advised about the risks involving vaginal mesh implants before they got them.

On the other hand, these devices were marketed as the cure-all for their problems and discomfort. Many women have also stated that their lives have been turn upside down as a result of the injuries they suffered.

Many cannot return to their jobs. Many women experience pain even when they sit or lie down. Most women say they can no longer be intimate with their partners.

If you or a loved one has been affected by these or other defective medical devices, an experienced defective medical product attorney can help you better understand your legal rights and options.

Fighting these large corporations can be a formidable challenge. But a product liability law firm with resources and firepower can go a long way when it comes to protecting your rights.

 

One Response to “J & J Penalized for Losing Evidence in Vaginal Mesh Lawsuits”

  1. On
    J & J Penalized for Losing Evidence in Vagi... said:

    […] A West Virginia magistrate judge has ordered Johnson & Johnson to pay a penalty for failing to preserve documents relating to a multidistrict litigation over alleged injuries caused by transvaginal mesh implants. According to Law360, the judge found that J & J's  […]

Leave a Reply:


Share this:

See All Awards, Ratings and Reviews

The BISNAR | CHASE Difference

  • “I went to law school knowing I wanted to be a personal injury attorney. I wanted my life’s work to have a positive impact on other people’s lives.”

    Brian Chase

    on what made him want to become a personal injury attorney

  • “I was in a serious auto accident when I was in law school. I had to hire a personal injury attorney and had a really bad experience.”

    John Bisnar

    on what made him want to become a personal injury attorney

  • “Everybody either drives in a car or rides in a car, so when I do the auto defect cases I really feel like I’m making the world safer by making vehicles safer.”

    Brian Chase

    on why he focuses on auto defect cases

  • “Whatever the philosphy of the management is, is going to be carried through by the employees and it’s going to reflect on the experience the clients have.”

    John Bisnar

    on his philosophy on running a law firm

  • “Corporate greed is a reality in our world and I see it time and time again. Especially, with the auto defect cases we focus on.”

    Brian Chase

    on corporate greed and how it affects the consumer

  • “The first thing we want to do with our clients is to relieve the stress. Make them feel comfortable. Treat them as an honored guest.”

    John Bisnar

    on how he would define superior client representation

  • “There are many, many defects in vehicles that can lead to life or death that could be fixed with a mere $40-$50 [on the assembly line].”

    Brian Chase

    on the shocking facts about the vehicles we drive

  • “You are dealing with people who are seriously injured or have lost a family member...Compassion is understanding someone else’s situation.”

    John Bisnar

    on the role compassion plays in his profession

  • “I’m convinced, because of all the lawsuits...the auto industry finally found out it was cheaper to fix the problem than to keep paying in the litigation.”

    Brian Chase

    on making the world a safer place

  • “...if [manufacturers] build a dangerous product and someone is seriously injured from that, some personal inury lawyer is going to call them on the carpet about it.”

    John Bisnar

    on how Bisnar | Chase has helped make the world a better place

  • “When you have a client come in that’s in a wheelchair...or you meet a wife who has lost their husband or they’ve lost their child, it’s diffucult not to get emotionally involved.”

    Brian Chase

    on the biggest challenges he faces as a personal injury lawyer

  • “I bring in the best employees that I can and I want them to have a workplace that is condusive to them doing their best work.”

    John Bisnar

    on the work environment created at Bisnar | Chase

  • “My motivation of going to law school to have my life’s work help other people...when I see that come to fruition, I’m very pleased and very happy with that.”

    Brian Chase

    on the accomplishments he is most proud of

  • “...it is part of our civic responsibility and it is our great fortune to be in a position to be able to help support our community...”

    John Bisnar

    on the importance of giving back to the community

  • “I was always jealous of doctors. They get to save lives and they get to heal. I don’t get to do that but I get to have a very big impact on another person’s life...”

    Brian Chase

    on the greatest satisfaction derived from his work

  • “Seeing the growth of my employees, seeing them mature professionally, personally, and grow into the great professionals they have become is tremendous.”

    John Bisnar

    on the greatest satisfaction derived from his work

  • “I’m the president-elect this year and I’ll be the president next year of the Consumer Advocate Attorneys of California and I find that to be a rewarding thing...”

    Brian Chase

    on being an advocate for the people of California

  • “There’s going to people that you meet, that you can mentor...You can make a difference in their lives, you can make a difference in their client’s lives.”

    John Bisnar

    on mentoring young attorneys

  • “We try to figure out how we can help [our clients] get through what they’re going through emotionally. Because just getting them compensated is only part of the job.”

    Brian Chase

    on the role compassion plays in his profession

  • “The Lakers have always been a winning organization, a class organization. I’ve used the Lakers as kind of a model for how to run my practice as well.”

    John Bisnar

    on his passions in life

Bisnar | Chase • 1301 Dove St #120
Newport Beach, CA 92660
local: (949) 203-3814
Get Directions

California Personal Injury Blog

Feds Ask Takata & Automakers To Initiate Recall Over Airbags

Federal auto safety regulators are calling on Japanese automotive supplier, Takata, as well as several automakers to initiate a nationwide recall of certain driver's side airbags rather than the

read article

Boston Scientific To Pay $26.7 Million In Vaginal Mesh Case

Boston Scientific Group has to pay $26.7 million to a group of four women who alleged that the company's transvaginal mesh implants had seriously injured them.

read article

Honda Issues Recall After Another Death Linked To Takata Airbag

Honda issued another recall as a fifth death has now been linked to Takata airbags as the result of an exploding airbag that killed a woman during a car accident.

read article

Connect

Copyright & Disclaimer

Disclaimer: The legal information presented at this site should not be construed to be formal legal advice, nor the formation of an attorney-client relationship. Any results set forth here were dependent on the facts of that case and the results will differ from case to case.

Bisnar | Chase serves all of California. In addition, we represent clients in other states through our associations with local law firms. Through the local firm, we will be admitted to practice law in their state, pro hac vice, meaning "for this particular occasion." When in our client's interest, we employ the local law firm (at no additional cost to our client) to assist us with routine court appearances and discovery proceedings to more efficiently pursue our client's cause.

Copyright © 1999- Bisnar | Chase Personal Injury Attorneys, LLP - All rights reserved.

SLS Consulting