Ethicon Spoils Evidence in a Surgical Mesh Products' Litigation

On February 4th, 2014, Judge Goodwin ruled in favor of a Plaintiffs' motion for a finding of spoliation and sanctions in the multidistrict litigation against Ethicon Inc. regarding claims involving surgical mesh products. Ethicon, Inc. designed, manufactured, marketed, and sold these products to treat pelvic organ prolapse and stress urinary incontinence.

The Court decided in part that Ethicon destroyed or otherwise lost documents that should have been preserved in anticipation of litigation. Moreover, the Court explained through its order that Ethicon's loss of evidence was negligent and ordered compensation as monetary sanctions in favor of the Plaintiffs. The Court reasoned this decision with the additional time spent by Plaintiffs attorney placing together missing custodial files and preparing for depositions of key employees for whom insufficient information was furnished by Ethicon.