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(Reuters) - Johnson & Johnson wants two expert witnesses in mass tort litigation over its hip implants to pay $2.4 million after they were sanctioned for misusing confidential records in their own failed whistleblower lawsuit against the drugmaker.
The company in a motion filed on Tuesday in Boston federal court argued it was "compelled to seek recovery of a portion of the enormous, disproportionate, and unwarranted costs it has suffered as a result of the aforementioned conduct."
It said the $2.4 million was a fraction of the $7 million in fees and expenses it could seek to recover from Antoni Nargol and David Langton, British orthopedic surgeons who served as expert witnesses in related mass tort litigation over its Pinnacle hip implants.
The request came after U.S. Magistrate Judge M. Page Kelley on Dec. 8 dismissed the men's case as a sanction after finding they violated court orders by using confidential material J&J turned over to plaintiffs in the larger hip implant litigation.
J&J's DePuy Orthopaedics Inc unit said Nargol and Langton should be forced to pay its costs along with one of their lawyers, Ross Brooks of The Brooks Law Firm, who it said was responsible for "multiplicitous...
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