Hernia Mesh Lawsuits
Loncar Associates is currently accepting hernia mesh cases
Since 2005, over a dozen hernia meshes have been recalled for varying reasons. Some of the recalls have been the result of mislabeling of packaging documentation, some recalls have been the result of the meshes being made of counterfeit materials, while other recalls have been the result of design/manufacture defects in the underlying products. In addition, there are hernia meshes that have not been recalled that may be defectively designed and are the source of our clients’ injuries.
Loncar Associates is not limiting our investigation of these dangerous products to just the Physiomesh, TIGR, and C-Qur devices – there are several other types of hernia meshes used between 2003 and 2017 that we are preparing for litigation. If you have experienced problems with your hernia mesh, particularly when the hernia mesh was implanted after 2008, contact Loncar Associates immediately for a free evaluation, even if other attorneys have said they cannot help you. On July 19, 2013, Atrium issued a Class II recall for nearly 100,000 units of it’s C-Qur Mesh — because the coating could peel off and stick inside the package when exposed to heat and moisture. Atrium terminated its recall in March of 2016.
On May 25, 2016 Ethicon initiated a voluntary, global product recall of the Ethicon Physiomesh due to requests from Ethicon’s own Medical Safety Team. Unpublished data from two large independent hernia registries (Herniamed German Registry and Danish Hernia Database-DHDB) revealed higher than average recurrence/reoperation rates after laparoscopic ventral hernia repair using the Ethicon Physiomesh when compared to similar products on the market. Ethicon believes the issue to be a multifactorial issue but as of yet has not been able to characterize the exact cause of the product’s defect. The company indicates they will not be returning the Physiomesh to the global market.
On July 19, 2016 Novus Scientific issued a Class II recall for its TIGR mesh instructing surgeons to discontinue using the product for the repair of direct inguinal hernias and for repair of hernias that require permanent support.
Many patients implanted with the defective hernia meshes have undergone additional hernia repair surgeries and have experienced a variety of side effects including recurrence of hernia, severe pain, adhesion, infections, intestinal blockage and other complications. If you or someone you love were among those who experienced hernia recurrence or additional surgery as a result of their defective hernia mesh, you may be eligible for compensation.
Loncar Associates is a product-liability law firm investigating hernia mesh cases in all 50 states. We are investigating a large number of different hernia meshes for litigation. Contact Loncar Associates immediately for a free, confidential case evaluation using the form on the side or by calling toll free at 800.285.4878. Hernia mesh lawsuits are being evaluated on a contingency fee basis, meaning you pay nothing unless a recovery is obtained. We will obtain all the medical records we need to evaluate your case and you DO NOT need to sue your doctor; we pursue product liability cases only.
Hernia mesh lawsuits are already being filed
On April 1, 2016 the first Ethicon Physiomesh lawsuit was filed in the U.S. District Court for the Southern District of Illinois (Matthew Huff v. Ethicon, Inc.). The lawsuit was filed by a man from Illinois who was treated for an abdominal hernia in 2013. His surgeon implanted Ethicon Physiomesh to reinforce his abdominal wall. By July 2015, he started experiencing severe abdominal pain, fever, nausea, chills, and skin redness. He went to the hospital and was diagnosed with two abscesses and an intestinal fistula. Mr. Huff required surgery to clean out the abscesses as well as the placement of a V.A.C. Even after the infection was treated, he has been left with serious and lingering health complications. His trial date has been set for January 22, 2018 before Judge J. Phil Gilbert.
On September 22, 2016 another lawsuit was filed by a woman from Florida who required surgery to remove Physiomesh that grew into her intestines and caused serious health problem. The lawsuit claims, “Due to defective design, defective manufacturing, defective marketing, and negligence by Defendants, the Product has caused Joanne Quinn severe and permanent bodily injuries and significant mental and physical pain and suffering, and economic loss.”
On December 8, 2016 the Judicial Panel on Multidistrict Litigation (JPML) consolidated the Atrium C-Qur litigation into the United States District Court for the District of New Hampshire. Twenty-one lawsuits involving the Atrium C-Qur hernia mesh pending in varying federal courts across the country were consolidated in the District of New Hampshire. It should be noted that this IS NOT class action litigation – the twenty-one individual lawsuits will stand on their own but they will all be litigated in the one federal court in New Hampshire before the Honorable Landya McCafferty. The Initial Case Management Conference in that litigation took place on February 24, 2017.
Hernia mesh use and FDA approval
There are many types of hernias: inguinal hernia, femoral hernia (very rare), umbilical hernia, incisional hernia (from previous surgeries), epigastric hernia, ventral (abdominal wall) hernia, hiatal hernia. Mesh can be used in an attempt to repair most types of hernias.
The Ethicon Physiomesh design utilizes polypropylene to manufacture the base layer of the Physiomesh. Polypropylene is the same material that Ethicon utilized to make their transvaginal mesh and bladder slings. Ethicon has faced thousands of lawsuits over its transvaginal mesh and bladder slings made from polypropylene. Ethicon added an absorbable film coating to each side of the polypropylene to create the Physiomesh. Ethicon’s Physiomesh was approved for market in the United States in April 2010. The FDA approved it with a 510(k) application, allowing it on the market without new safety studies by claiming it was similar to other types of hernia mesh on the market such as the Proceed hernia patch, which is also manufactured by Ethicon. This allowed Ethicon Physiomesh to skip rigorous pre-market research and studies.
The Atrium C-Qur mesh was approved for market in the United States in 2005. Like Ethicon’s Physiomesh, the C-Qur was approved via the 510(k) application process, foregoing clinical trials. Atrium was cited by the FDA in 2012 for ignoring reports of product contamination related to the C-Qur mesh and production was temporarily halted. A 2013 clinical trial of the Atrium C-Qur V-Patch was cut short due to high infection rates. Novus Scientific received 510(k) approval of the TIGR mesh in 2009 before being recalled in 2016. Unfortunately, the recall came too late for thousands of individuals implanted with the device.
Loncar Associates is not limiting our investigation of these dangerous products to just the Physiomesh, TIGR, and C-Qur devices – there are several other types of hernia meshes used between 2003 and 2017 that we are preparing for litigation.
The law offices of Loncar Associates are investigating hernia mesh cases in all 50 states. Contact Loncar Associates immediately for a free, confidential case evaluation using the form on the side or by calling toll free at 800.285.4878. We will obtain all the medical records we need to evaluate your case and you DO NOT need to sue your doctor; we pursue product liability cases only. Hernia mesh lawsuits are being evaluated on a contingency fee basis, meaning you pay nothing unless a recovery is obtained.
Loncar Associates is a Dallas, Texas based law firm. Since 1999, we have successfully represented thousands of individuals across America after they were hurt by dangerous medications and defective medical devices. Contact us immediately at 800.285.4878 to learn more about defective hernia meshes and your rights. Important legal deadlines may be rapidly approaching. We look forward to successfully representing you.