What Should I Know About Filing a Hernia Mesh Injury Lawsuit?

Lillian ChiuDefective Medical Devices, Transvaginal Mesh

What Should I Know About Filing a Hernia Mesh Injury Suit?

Who is Being Sued over Hernia Mesh?

Lawsuits are being filed over certain hernia mesh products, which are used for hernia repair. Plaintiffs are suing over the Physiomesh, manufactured by Johnson & Johnson’s Ethicon unit, as well as the C-Qur (pronounced “secure”) hernia mesh manufactured by Atrium Medical. Lawsuits allege that these products caused various complications, such as hernia recurrence, infection, adhesions and other adverse events. Device makers are accused of knowing about the risks but failing to warn patients or the medical community.

The product liability attorneys at Parker Waichman LLP have decades of experience representing clients in medical device litigation. The firm continues to offer free legal consultations to individuals with questions about filing a hernia mesh lawsuit.

Litigation has been building against Ethicon since the company withdrew its Physiomesh Flexible Composite Mesh in May 2016. The hernia mesh device was recalled because it was associated with a higher rate of recurrence and reoperation compared to other hernia mesh devices. Ethicon took the Physiomesh off the market after reviewing data from two large independent hernia registries.

One recent Physiomesh lawsuit, for instance, was filed on behalf of a Florida woman who says the mesh engulfed her internal organs. Due to these complications, her organs were removed. Her lawsuit alleges that Physiomesh complications caused adhesions, hernia recurrence and debilitating pain.

Atrium Medical is also facing injury claims over its C-Qur hernia mesh. Plaintiffs in the litigation allege that the mesh is defective and caused complications. Specifically, plaintiffs allege that the fish oil (omega-3) coating causes adhesions, a surgical complication that can cause organs and tissues to stick to one another. The fish oil coating is intended to be an anti-adhesion barrier in hernia repair patients.

For example, one Arkansas woman suing over the C-Qur says doctors found her hernia mesh had “bunched up in layers” and “folded up” when trying to perform surgery to remove the mesh due to complications. She suffered from chronic pain, nausea, vomiting, infections and other injuries, allegedly due to the mesh.

Who Can File a Hernia Mesh Lawsuit?

Individuals implanted with the C-Qur or the Physiomesh may be able to file a hernia mesh lawsuit. Our attorneys are also investigating lawsuits involving other hernia mesh products. If you are unsure about whether you have a claim, or you have any other legal questions, contact one of our attorneys today. You do not have to pay anything to find out whether your situation warrants a lawsuit.

If you are experiencing signs of hernia mesh complications, you should seek medical attention immediately. Signs of hernia mesh injuries may include:

• Hernia returns (recurrence)
• Build-up of fluid
• Infection
• Pain
• Intestinal obstruction or blockage
• Adhesion (where organs stick to one another)
• Bleeding
• Organ or tissue damage

Hernia Mesh Multidistrict Litigation (MDL)

Currently, hernia mesh lawsuits are filed individually on behalf of people who suffered injuries allegedly due to their hernia mesh devices. So far, no class action lawsuit has been filed. In a class action lawsuit, one complaint represents a group of plaintiffs against a common defendant. All plaintiffs, referred to collectively as the “class” allege being wronged by the same defendant in the same way.

Hernia mesh lawsuits against Atrium Medical have been consolidated into a type of mass tort called a multidistrict litigation (MDL). Unlike in class action lawsuit, plaintiffs in an MDL remain separate and their alleged injuries may vary in severity. Lawsuits in an MDL are similar in that they share common questions of fact. When an MDL is formed, the cases are transferred to one court. The purpose of an MDL is to make the legal process faster and more efficient. In the Atrium Medical C-Qur MDL, cases are consolidated in New Hampshire.

What Should I Know About Filing a Hernia Mesh Injury Suit?

What Should I Know About Filing a Hernia Mesh Injury Suit?

Plaintiffs suing over hernia mesh injuries point out that the devices, including the Physiomesh and the C-Qur, were approved through 510(k). When devices are cleared through 510(k), it means that device makers do not have to perform rigorous clinical testing to show that their products are safe and effective. The product only needs to be as safe as a previously approved product, known as a predicate; this is known as “substantial equivalence”. 510(k) is a fast-track route that was not intended for high-risk devices. The process has come under some scrutiny because it was used to approve several devices that have become controversial.

Filing a Hernia Mesh Lawsuit

If you or someone you know suffered injuries related to the use of a hernia mesh product, you may have valuable legal rights. Our personal injury lawyers offer free, no-obligation case evaluations. For more information, fill out our online form or call 1-800-YOURLAWYER (1-800-968-7529).