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Federal Judge Fines Boehringer Ingelheim More Than $931K Due To Missing Evidence in Pradaxa Lawsuits Disturbs Wright & Schulte LLC
Date:12/12/2013

Columbus, OH (PRWEB) December 12, 2013

The Pradaxa lawyers at Wright & Schulte LLC are disturbed by a recent court filing that indicates Boehringer Ingelheim had failed to preserve a large amount of evidence relevant to Pradaxa lawsuits now pending in a multidistrict litigation underway in Illinois federal court. According to court documents, the federal judge overseeing the federal Pradaxa litigation sanctioned Boehringer Ingelheim and fined the drug maker more than $931,000 for failing to preserve “countless” documents sought by plaintiffs who have filed claims against the company. In a 51-page decision dated December 9th, Judge David Herndon of the U.S. District Court, Southern District of West Virginia, slammed Boehringer Ingelheim for “gross inadequacy,” and stated the company “made misrepresentations” and acted “in bad faith” by failing to ensure the documents were preserved. (In Re: Pradaxa (Dabigatran Etexilate) Products Liability Litigation – MDL No. 2385)

The documents sought by plaintiffs related to Pradaxa’s development, as well Boehringer Ingelheim’s plans for marketing the blood thinner, according to the ruling. Among other things, Judge Herndon found that company officials “failed to ensure the auto-delete feature of their employee cellphones, company owned and personal, was disengaged for the purpose of preserving text messages.” This resulted in the destruction of “countless records,” he wrote.

According to Wright & Schulte LLC the details laid out by Judge Herndon in his decision are disturbing, and would certainly appear to justify such a large sanction. The firm hopes this will serve as a warning to defendants in other large litigations to take adequate steps to preserve evidence relevant to plaintiffs’ claims.

[ismp.org/QuarterWatch/pdfs/2012Q4.pdf, ISMP QuarterWatch, October 17, 2013]

Through court documents, Wright & Schulte LLC has also learned that at least
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