A Massachusetts state court judge has hit drug maker American Home Products Corp. (AHP) with potentially damaging sanctions for destroying e-mail evidence in a fen-phen wrongful death case.
In a June 18 opinion, Superior Court Justice Raymond J. Brassard agreed to give a spoliation instruction when the case is tried, charging the jury that it may infer that the destroyed e-mails contained evidence unfavorable to AHP. Linnen v. A.H. Robins Co., No. 97-2307.
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