Comprehensive Biomaterial Preservation Order Issued in Ongoing Litigation
On April 5, 2024, a significant order, CMO #20, was issued regarding the preservation of biomaterial evidence in the ongoing litigation. This order outlines a detailed protocol for the handling, storing, and preservation of biomaterials involved in the case, ensuring equal access and analysis opportunities for all parties.
The protocol covers materials in the possession of plaintiffs, their representatives, counsel, or other storage vendors, as well as materials at medical facilities. It emphasizes the preservation of both analyzed and unanalyzed materials and includes procedures for documenting the chain of custody, preservation, storage, and potential division of samples. Steelgate, a central storage vendor known from previous litigation involving hernia mesh, will be used for materials not yet explained, with agreed protocols for their preservation and storage. Additionally, the order addresses the evaluation of materials, allowing for non-destructive gross evaluation by both parties and outlining steps for additional testing if necessary. The goal of this order is to ensure that plaintiffs’ and defendants’ experts can examine the materials at the appropriate time during discovery.
