Mealey's PI/Product Liability - Ethicon Must Pay Plaintiffs For Hunting Lost Documents; Adverse Inference Possible

Mealey's PI/Product Liability - Ethicon Must Pay Plaintiffs For Hunting Lost Documents; Adverse Inference Possible

CHARLESTON, W.Va. - A federal magistrate judge on Feb. 4 found that Ethicon Inc. destroyed or lost documents that should have been preserved in anticipation of litigation involving its pelvic mesh devices, recommended allowing trial judges to instruct juries to find an adverse inference for missing evidence and ordered the Johnson & Johnson subsidiary to compensate plaintiff attorneys for their inconvenience (In Re: Ethicon, Inc. Pelvic Repair Systems Product Liability Litigation, MDL Docket No. 2327, No. 2:12-md-2327, S.D. W.Va.).

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