Johnson & Johnson is asking a West Virginia federal judge not to allow the plaintiff in an upcoming bellwether trial in multidistrict litigation over injuries caused by its transvaginal mesh to tell jurors that the company failed to preserve evidence. Johnson & Johnson claims the issue is no longer relevant to the case. U.S. Magistrate Judge Cheryl Eifert found the consumer health care giant had lost potential evidence in the case and suggested that jurors may need to hear about circumstances such as when a plaintiff’s physician relied on evidence provided by a sales representative whose records were destroyed. The ... Read More
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