Hernia Mesh Lawsuit
Those who have been adversely affected by hernia mesh complications requiring medical treatment and/or revision surgery may have a legal claim for compensation. Ellis Law attorneys offer complimentary consultations regarding your right to pursue a hernia mesh lawsuit in state or federal court.
Numerous surgical mesh devices for the treatment of abdominal, umbilical and small ventral hernias have entered the market over the past decade. Made from animal tissue or a synthetic polypropylene plastic, the devices provide additional support to damaged or weakened tissues, helping to shorten recovery time and reduce the chance of hernia recurrence. In theory, hernia mesh should offer long-term reinforcement to the repair site and promote faster healing. But in reality, many of these implants have been blamed for a laundry list of horrific complications and adverse events, prompting several mesh recalls and mounting litigation.
Atrium Medical Corporation and Ethicon, among other hernia mesh manufacturers, are alleged to have produced defective mesh products that cause organ perforation, infection, abdominal abscesses and other grave injuries. A federal docket has already been established for Atrium C-Qur mesh lawsuits, which center upon allegations that defendants designed an unreasonably dangerous product and failed to issue a timely recall when problems were detected.
Hernia mesh recall
On May 25, 2016, Ethicon voluntarily recalled its Physiomesh due to disproportionately high rates of hernia reoccurrence and revision surgery. Physiomesh is a flexible composite mesh used for minimally invasive groin and abdominal hernia repair. The global Physiomesh recall was communicated to both the FDA and European health officials after the discovery of abnormally high failure rates in Danish and German patient registries. According to an Urgent Field Safety Notice issued by Ethicon, the manufacturer cannot pinpoint a single attributing factor for the hernia reoccurrence, and believes “the higher rates to be a multifactorial issue (including possible product characteristics, operative and patient factors), but has not been able to fully characterize these factors.”
A separate Class II Device recall was issued for the Atrium C-Qur mesh on July 19, 2013, affecting more than 100,000 V-Patch Mesh units. It was discovered that the mesh’s proprietary Omega 3 fatty acid (O3FA) coating could adhere to the package sleeve when exposed to moisture and heat. Despite this known defect, C-Qur mesh was not pulled off the market, and has since sparked dozens of lawsuits claiming the fish oil coating caused inflammatory reactions, and in some instances peeled off inside of the patient’s body.
One lawsuit argues that the “defendants misled physicians about the ability and tendency of 03FA to cause allergic reactions in patients implanted with a C-Qur Mesh and attempted to convince the physicians of alternate causes.” The plaintiff is seeking damages for permanent injuries and significant pain and suffering, emotional distress, lost income and future earning capacity, and diminished quality of life.
Hernia mesh complications
Many hernia mesh manufacturers – Ethicon, Atrium, C.R. Bard, Kugel, and others – stand accused of placing profits over safety and using deceptive marketing to boost sales. Plaintiffs contend that Atrium Medical was aware of the life-threatening injuries associated with the Omega fatty acid coating peeling off inside of patients but took no measures to warn doctors or the public.
The FDA has logged adverse events regarding prolonged hospitalization, mesh removal operations and invasive surgery for bowel resection after hernia repair with synthetic or non-synthetic mesh.
Laparoscopic hernia repair with surgical mesh can lead to a number of debilitating complications, including:
- Chronic infection
- Severe abdominal or groin pain
- Obstruction of the small or large intestines
- Fistulas between organs and vessels
- Hernia reoccurrence
- Organ perforation
- Gastric ulcers
- Internal bleeding
- Complex seroma
- Nerve damage
- Autoimmune reaction
- Systemic inflammation
- Allergic reaction
- Mesh rejection
- Mesh extrusion or shrinkage
- Abnormal liver function
- Need for corrective surgery
Hernia mesh lawsuit allegations
Research studies and lawsuit filings detailing excruciating hernia mesh injuries and health problems underscore the possibility of design and manufacturing defects across a number of brands. Plaintiffs contend that manufacturers of hernia mesh devices should be held liable for a reckless disregard of human life and health, as well as misrepresenting studies to bolster market appeal. Counts of strict liability — manufacturing defect, gross negligence, breach of warranties, unjust enrichment and violation of consumer protection laws — have been leveled in hundreds of complaints, which are in various stages of the litigation process.
Medical device manufacturers can be held liable for economic and non-economic losses incurred by plaintiffs if the courts determine they produced faulty products, failed to warn about dangers, or breached a duty of care.
Ellis Law attorneys are investigating claims that hernia mesh manufacturers:
- Failed to perform sufficient pre-market tests for safety
- Failed to warn about injury risks
- Designed, manufactured and sold defective products
- Engaged in deceptive marketing practices
- Fraudulently concealed information regarding efficacy rates
- Maliciously misrepresented the risks, safety and benefits of mesh products
In addition to Atrium C-Qur and Physiomesh lawsuits, our attorneys are reviewing claims from individuals who suffered complications from other types of hernia mesh implants. During a confidential consultation, our lawyers will review the circumstances of your injury and outline potential avenues for securing just compensation.
Hernia mesh MDL
The U.S. Panel on Multidistrict Litigation established an MDL for lawsuits involving Atrium C-Qur mesh products in December of 2016. The transfer order centralized more than 20 civil actions before the Honorable Landya B. McCafferty in the District of New Hampshire. The complaints share similar allegations that the C-Qur mesh provokes an inflammatory response leading to bowel adhesions, gastric ulcers, and other severe complications. It is expected that MDL No. 2753 will continue to amass lawsuits as more patients seek legal restitution for their injuries, suffering and financial losses.
Consult with hernia mesh attorneys
Serious hernia mesh complications have the potential to undermine your health, jeopardizing your earning capacity and financial well-being. If you suffered problems from hernia mesh repair, you may be eligible for significant monetary damages to account for lost wages, medical expenses, surgeries, emotional anguish and lost enjoyment of life.
Protect your legal rights by requesting a free case evaluation with leading trial attorneys at Ellis Injury Law. You can reach our California offices by dialing 1-800-INJURED.
Additional Hernia Mesh Lawsuit Resources:
- FDA, Hernia Surgical Mesh Implants http://www.fda.gov/MedicalDevices/ProductsandMedicalProcedures/ImplantsandProsthetics/HerniaSurgicalMesh/default.htm
- SpringerLink, Complications of mesh devices for intraperitoneal umbilical hernia repair: a word of caution http://link.springer.com/article/10.1007/s10029-010-0692-x
- SwissMedic, Ethicon URGENT: FIELD SAFETY NOTICE https://www.swissmedic.ch/recalllists_dl/13779/Vk_20160525_11_e1.pdf
- S. JPML, IN RE: ATRIUM MEDICAL CORP. C-QUR MESH PRODUCTS LIABILITY LITIGATION https://45ijagbx6du4albwj3e23cj1-wpengine.netdna-ssl.com/wp-content/uploads/MDL-2753-Initial_Transfer-12-16.pdf