A court official has reported that Johnson & Johnson has improperly lost or destroyed many files related to the ongoing lawsuits surrounding their vaginal mesh products.
Johnson & Johnson is being sued by women who believe that their vaginal mesh products, the Gynecare Prolift and TVT Retropubic sling, shrank and degraded over time. The vaginal mesh is used to support internal organs, however in this case, J&J is accused of having an ineffective and dangerous product.
The first medical device lawsuit started on February 10th, in a West Virginia court. The division of Johnson & Johnson responsible for the TVT Retropubic sling and Gynecare Prolift is known as Ethicon.
During the litigation process, it was discovered that J&J’s Ethicon unit had lost, destroyed, or otherwise mishandled thousands of computer files and documents related to the vaginal slings. Ethicon executives conceded that their document management process “failed miserably in certain instances”
It isn’t immediately clear how these lost documents will impact the upcoming lawsuits. However, women suing J&J will be allowed to explain to jurors how the loss of these documents may have impacted their cases.
Ultimately, this loss of documents hasn’t been ruled malicious or intentionally destructive. However, Ethicon was found negligent in their handling of documents.
This incident is an example of some of the challenges individuals face when attempting to sue large corporations over medical device errors or defects. In cases like this, litigants need experienced and diligent medical device attorneys to manage lawsuits effectively.
If you or a loved one is suffering due to a medical device error in Dallas, McKinney, or the broader DFW region, Wormington & Bollinger can help. Please contact us today to receive a free legal consultation.