A federal judge has rejected efforts by a major defendant in the nationwide transvaginal mesh litigation aimed at preserving electronic records of a company that had acted as an intermediary between potential patients and third-party litigation funders.
U.S. Magistrate Judge Cheryl A. Eifert of the Southern District of West Virginia on Thursday denied American Medical System’s request to create a “mirror image” of the electronic records of Surgical Assistance and its owner, Wesley Blake Barber, in an effort to preserve any records that might be relevant to the pelvic mesh litigation. That litigation focuses on claims that the transvaginal mesh products the defendants sold were unsafe, and the companies hid information about the failure rates of the devices.
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