According to a recent order issued by Federal Judge Richard W. Story, the first Physiomesh trial in MultiDistrict Litigation No. 2782 will be scheduled for December 2, 2019. The Honorable Judge Story is presiding over the consolidated litigation in the United States District Court for the Northern District of Georgia, where close to 2,000 hernia mesh claims have been joined for pre-trial proceedings. The outcome of the first wave of trials – known as bellwethers – are often seen as gauges for the rest of the litigation. Plaintiff victories may spark settlement negotiations, but regardless of the outcome, each claimant will retain the right to an individual trial based on the merits on their case.
In 2017, the Judicial Panel on Multidistrict Litigation established MDL 2782, RE Ethicon Physiomesh Flexible Composite Hernia Mesh Products Liability Litigation in Georgia federal court. Virtually all claimants currently awaiting trial in the Physiomesh MDL allege that the composite hernia mesh was defective and caused them to suffer serious health complications and catastrophic injuries.
Ethicon’s PhysioMesh Withdrawn in 2016
Ethicon’s Physiomesh is a medical device used to repair abdominal hernias. The Flexible Composite Mesh, made from polypropylene, creates a net-like support that reinforces stretched and weak tissues that surround ventral hernia bulges. Like other hernia mesh devices, Physiomesh was thought to offer patients a more stable and lasting laparoscopic repair compared to surgery alone.
However, Ethicon – a unit of Johnson & Johnson – decided to withdraw Physiomesh from the global market after it was found that the mesh was linked to abnormally high rates of hernia recurrence, severe complications and revision surgeries.
Physiomesh hernia patches were manufactured with an absorbable barrier coating on both sides of the device – a design that has blamed for high failure rates since the tissue integration was compromised. Thousands of patients who were implanted with the flexible Physiomesh reported complications including chronic pain, scar adhesions, abscesses, organ perforation, infection, device migration and intestinal blockage.
Plaintiffs who have filed hernia mesh lawsuits against Ethicon contend that the Physiomesh products are defectively designed and manufactured. Much of the litigation was filed after Ethicon’s ‘Market Withdrawal’ in 2016, which came nearly six years after the products were introduced. Physiomesh was cleared for sale in the United States though the FDA’s 510(k) process – a fast-track system that bypasses rigorous safety testing in products that are deemed significantly similar to a predicate product that has already been approved.
Patients who experienced serious injuries from Ethicon’s Physiomesh may still be eligible to join the MDL proceedings.
Assistance filing a hernia mesh lawsuit
Showard Law Firm advocates for individuals who suffered complications and physical injuries from defective and dangerous medical devices. If you or a loved one believe you have grounds for filing a Physiomesh lawsuit against Ethicon, please reach out for a free and confidential consultation.
Products liability litigation can be an effective means of recovering monetary compensation for medical expenses, lost wages and the pain and suffering endured. Explore your options for filing a hernia mesh lawsuit with Showard Law Firm today.
Additional Resources:
- US District Court Northern District of Georgia, MDL DOCKET NO. 2782 http://www.gand.uscourts.gov/sites/default/files/rws2782_doc297.pdf
- US District Court Northern District of Georgia RE: Ethicon Physiomesh Flexible Composite Hernia Mesh Products Liability Litigation http://www.gand.uscourts.gov/17md2782
