For the victims of hernia mesh repairs gone wrong, the pace for reconciliation feels slow. Yet, there are signs of progress in the U.S. court system. After Ethicon announced the global market withdrawal of their Physiomesh Flexible Composite Mesh device in May 2016, the first trial has been scheduled for January 22, 2018. Meanwhile, the U.S. Judicial Panel on Multidistrict Litigation met in Charlotte, North Carolina on December 1st to consider oral arguments for the consolidation of lawsuits regarding Atrium Medical Corp’s C-Qur line of surgical mesh that are scattered throughout the country.
“We have fielded numerous inquiries from people who experienced complications following their surgery with surgical hernia mesh,” explains Attorney Robert J. Bonsignore. “Hernia mesh side effects range from excruciating abdominal pain, organ perforations, and infections, to immune reactions and nerve damage.” He added: “Many of these people require revision surgeries to have the mesh removed and repair their injuries — but still live with pain, disability and financial burden.”
First Ethicon mesh lawsuit scheduled for January 2018
Ethicon initiated their voluntary product recall of ETHICON PHYSIOMESH™ Flexible Composite Mesh used in laparoscopic surgery following conclusions from assessing German and Danish hernia registry data. Independent researchers concluded that there were higher-than-average rates of complications. Ethicon believes the higher amount of hernia recurrences and reoperation rates were “a multifactorial issue” that may include product characteristics, operative and patient factors, but they issued the recall because they were unable to pinpoint what those factors might have been.
The first trial has been scheduled for January 22, 2018. Judge J. Phil Gilbert from the Southern District of Illinois will preside over Case No. 3:16-cv-00368. Physiomesh was stitched to the plaintiff’s abdominal wall to repair a ventral hernia in 2013. He developed severe abdominal pain, fever, nausea, chills, and redness in July 2015. Doctors diagnosed the man with infection, two abscesses and intestinal fistula. He continues to suffer related health problems today, including two abdominal wounds that require daily cleaning and packing, according to the lawsuit filed on April 1, 2016.
Atrium mesh may become the next MDL
Allegations against the makers of Atrium C-Qur mesh products contend that they have suffered severe pain, internal injuries, infection and septic shock caused when the mesh “folded up.” The plaintiffs argue that they were treated with a defective product – and that the company should have conducted rigorous studies prior to releasing the product to market and warned the medical community of known issues. The FDA sent a warning letter to Atrium in October 2012 that they had received numerous C-QUR mesh complaints of infection and failure.
Court documents indicate there are at least 15 lawsuits filed involving Atrium’s C-Qur surgical mesh for hernia repair. The group of plaintiffs filed a motion with the Judicial Panel for Multi-district Litigation (JPML) asking to transfer all federal claims to the U.S. District Court in New Hampshire. Atrium has voiced support for the proposal to create MDL No. 2753 as well, as the company seeks to lower the cost of discovery and streamline pre-trial proceedings.
Once lawsuits have been consolidated as part of an MDL, both sides begin preparing their cases. One judge oversees the early meetings, where the strengths and weaknesses of the general arguments are determined. From there, the company may offer a settlement to the plaintiffs or may agree to a series of bellwether trials. Settlements may still be offered after the trials – or each case may be heard individually. It’s not too late to file a lawsuit for the others who have suffered inflammation, infection, fistulas, blood loss, dyspareunia, nerve damage, abdominal pain, kidney failure, organ perforation and other injuries.
Have you suffered injury after receiving Atrium hernia mesh?
Bonsignore Trial Lawyers is preparing to take hernia mesh lawsuits to trial. The well-staffed team of attorneys has been closely following the latest developments and helping plaintiffs explore their legal options. Call today for a free evaluation of your potential claim against the manufacturer.
Additional hernia mesh lawsuit resources:
- FDA- Hernia Surgical Mesh http://www.fda.gov/MedicalDevices/ProductsandMedicalProcedures/ImplantsandProsthetics/HerniaSurgicalMesh/default.htm
- Ethicon – Urgent Safety Notice https://www.swissmedic.ch/recalllists_dl/13779/Vk_20160525_11_e1.pdf
- Daily Hornet – Physiomesh Lawsuit Goes To Trial In 2018 https://dailyhornet.com/2016/physiomesh-lawsuit-goes-to-trial-in-2018/
- JPML – Case 3:16-cv-00368 – https://18vtbxct6zl2lh5x8psdj8p7-wpengine.netdna-ssl.com/wp-content/uploads/2016-04-01-Complaint.pdf