IN
RE PELVIC MESH/GYNECARE LITIGATION
A-5685-10T4
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
