Recent studies have shown that a majority of hernia mesh products are made of a plastic material not intended for permanent implant into the body, or are coated with a harmful substance. Manufacturers have promoted the use of these devices to doctors for years without properly warning of the side effects.
This year, Ethicon/Johnson & Johnson recalled its Physiomesh hernia implants due to higher-than-normal complication and reoperation rates. However, those patients who received the devices weren’t notified.
Also, The FDA has issued several warnings to Atrium Medical over risks associated with its C-Qur hernia mesh. These devices have been linked to severe allergic reactions, systemic infections and complicated removal procedures. However, the company has failed to recall the device.
Many patients who received the C-Qur or Physiomesh devices will need revision surgery.
Anyone who received a C-Qur or PhysioMesh hernia mesh implant may have a potential claim, and lawyers are opening investigations into other hernia mesh products every day. If you received one of the affected models, or don’t know what type of hernia mesh you received, you should speak to a lawyer for more information and to investigate your case.
Patients who received a hernia mesh implant and are having the following symptoms should definitely seek help:
Right now, there isn’t a single hernia mesh class action lawsuit. Instead, lawyers are helping patients file individual lawsuits against the manufacturers, which will likely be consolidated into certain state and federal multidistrict litigation (MDL) courts.
These MDL courts offer many of the advantages of a class action case but give victims more control over their individual case. For example, they may pick their own lawyer and make decisions on whether or not to settle. Also, MDL cases usually result in greater awards to victims than class action lawsuits.
Like all lawsuits, each hernia mesh claim has its own unique value. This usually depends on the specific facts, like the age of the device, the degree of failure and patient complications, and whether the patient has undergone surgery to replace the device. Already, similar lawsuits for vaginal mesh and bladder screens have returned verdicts or settlements for between $40,000 and several million dollars.
It takes only a few minutes to qualify your case. You can speak to a lawyer today at no cost. Then, they will send you more information and gather your medical records to investigate and file your claim. It can take a year or more to prepare your case for trial or a settlement. However, it is very unlikely you will have to travel anywhere and it costs you nothing unless you receive compensation.
Following a hearing on December 1, 2016, the U.S. Judicial Panel on Multidistrict Litigation ruled on December 8th that similar lawsuits alleging injury from the C-Qur polypropylene surgical mesh will be consolidated in the Federal District of New Hampshire under the direction of the Honorable Judge Landya B. McCafferty.
The growing number of lawsuits allege that the C-Qur mesh, which is coated with an Omega 3 fish oil adhesion barrier, caused severe infections, inflammation, organ blockage and adhesion requiring painful corrective surgeries.
This case was filed in September 2016 by a Florida woman, Ms. Quinn, who alleges her Physiomesh device caused severe complications including bowel obstruction, requiring her to undergo painful correction surgery.
This case, originally filed on April 1, 2016, was brought in the Southern District of Illinois Federal Court by a man who underwent surgery in 2013 to repair an abdominal hernia with an Ethicon Physiomesh implant.
Mr. Huff, like many others, alleges that he began experiencing complications from his defective device in 2015, and, after hospitalization for severe abdominal pain, chills and skin rash, was forced to undergo a painful corrective surgery to treat an infection and intestinal perforation, as well as to remove the device.
Lawyers are in the process of requesting that the growing number of Physiomesh lawsuits be consolidated to a central multidistrict litigation court similar to that for the C-Qur devices.
The FDA warns of severe side effects from hernia mesh implants - including organ and intestine perforation, infection, tissue connection, pain, organ blockage, scar tissue, hernia recurrence and pain – but does not recall any specific device.
JPML consolidates all federal C-Qur hernia mesh lawsuits to the New Hampshire District under Judge McCafferty.
Nexus estimates at least 650 adverse event reports have been filed with the FDA related to Physiomesh hernia mesh implants.
Second Physiomesh lawsuit filed by Florida woman alleging she had to undergo corrective surgery after her device caused bowel obstruction.
Johnson & Johnson’s Ethicon division recalls 12 models of its Physiomesh hernia mesh repair implant, citing data from studies in Germany and Denmark showing a higher-than-average failure rate and resulting need for corrective surgery.
The first Physiomesh hernia mesh lawsuit to be prepared for trial is filed in Illinois by a man alleging he had to undergo corrective surgery due to severe infection and organ perforation.
FDA provides Section 510(k) premarket approval for Ethicon to sell the Physiomesh hernia implant.
If you or a loved one underwent hernia repair surgery in the past 10 years and has suffered complications, it is important to speak with a lawyer to determine your legal rights. Lawyers are now pursuing lawsuits against the makers of the Physiomesh, C-Qur and other hernia mesh devices due to defects that can cause severe injury and the need for corrective surgery.
Johnson & Johnson has recalled the Physiomesh device and the makers of the C-Qur mesh have been warned of health risks by the FDA. However, they have not properly warned patients of the risks or of their legal rights.
If you are contacted by the manufacturer or claims representatives about these recalls, it is important that you DO NOT SIGN any releases of liability before first speaking with a lawyer.
In addition, the lawyer you choose may significantly affect your case. Defective medical device injury lawsuits are usually filed in special federal multidistrict courts, not in your local court. Therefore, it is recommended that you choose a lawyer with extensive experience in these cases, rather than a local attorney.
Also, while you may see numerous advertisements for similar lawsuits, it is important to find a law firm that has experience in this type of complex litigation and is actually fighting these cases.
The right law firm will arrange to meet with you at your home, will take care of gathering all necessary medical records for you, and will appear at all possible events on your behalf so that you never have to leave home or appear in court.
DrugNews works only with law firms that specialize in medical device and pharmaceutical injury lawsuits, and have handled thousands of these cases across the country. Contact us today to speak with a lawyer at no charge.