Mesh Plaintiffs Accuse Ethicon of ‘Severe’ Destruction of Evidence, Seek Default Judgment in Bellwethers

CHARLESTON, W.Va. — Plaintiffs in a consolidated federal transvaginal mesh docket have accused Ethicon Inc. and Johnson & Johnson (NYSE: J&J) of systematically destroying evidence that they say is needed to fully present their injury claims to jurors at the upcoming bellwether trials.

The motion, filed Dec. 2 in MDL proceedings in the U.S. District Court for the Southern District of West Virginia, requests that a default judgment be entered in favor of bellwether plaintiffs in at least one case for each of the two mesh products manufactured by the defendants.

The plaintiffs further argue that because Ethicon has …