In the latest mesh lawsuit update regarding the Boston Scientific multidistrict litigation (MDL) in West Virginia, US Magistrate Judge Cheryl Eifert delivered a ruling on Boston Scientific’s Motion to Quash. The Motion involves limiting depositions conducted by plaintiffs.
More specifically, Boston Scientific sought through their Motion a protective order that would bar plaintiffs from deposing corporate employees on topics that the medical device manufacturer deemed either off-topic or already discussed in a past deposition.
Judge Eifert denied Boston Scientific’s Motion to Quash on the grounds that the company did not provide sufficient evidence. Furthermore, Judge Eifert pointed out that plaintiffs are permitted to depose corporate employees according a rule applicable in the MDL.
However, Judge Eifert ruled that when plaintiffs do conduct depositions, due to the sheer number of cases in the Boston Scientific MDL, they should not cover topics that have already been discussed in another deposition of the same individual. To use Judge Eifert’s words, these depositions “should not duplicate testimony”.
Judge Eifert’s ruling is fair for both parties, as it allows plaintiffs to conduct important depositions that could provide vital evidence in a trial, but for Boston Scientific’s sake, bars repetitive depositions. This decision promotes an efficient legal process.
If you or someone you love has been injured by transvaginal mesh, we encourage you to explore your legal options and compensation eligibility with one of our personal injury lawyers today during a free, no-obligation case consultation.
We are available to hear your transvaginal mesh story. Contact Carey Danis & Lowe by phone at 800.721.2519, or by completing one of our personal injury claim forms.References: Defective Medical Device litigation, Transvaginal Mesh