Wednesday, June 27, 2012
IN RE PELVIC MESH/GYNECARE LITIGATION A-5685-10T4
IN RE PELVIC MESH/GYNECARE LITIGATION
The trial court exceeded its discretion in this multi-plaintiff, jointly case-managed litigation by ordering that defendants were barred from retaining as an expert witness or
consulting with any physician who has at any time treated one or more of the several hundred plaintiffs. The "litigation interests" of a current or past patient are not synonymous with the "medical interests" of patients, which physicians are ethically bound to pursue and support. Defendants' proposed protocol and protective order would address any potential issue of physician-patient privilege, which was essentially waived in this litigation.
Judge Sabatino's concurrence would reverse the trial court's order on the ground that the disqualification provisions are overbroad and unduly burdensome on the defense, particularly in light of the number of potential defense experts that were or will be disqualified. 06-01-12