Magana Cathcart & McCarthy

Multi-District Ethicon Physiomesh Lawsuits Move Forward

Defective product

Across the country, dozens of individuals who have undergone hernia surgery that involved use of Ethicon Physiomesh have filed lawsuits against Ethicon and its parent company, Johnson & Johnson. The lawsuits seek money damages for the medical costs, as well as pain and suffering, that the patients claim were caused by use of the mesh during their hernia surgeries. These cases are now in the pretrial phase before a single judge. Read on to learn more about the case against Ethicon Physiomesh, and contact a California defective medical device attorney if you believe that you may have a claim for injuries resulting from your hernia surgery.

The problem with Ethicon Physiomesh

Ethicon Physiomesh Flexible Composite Mesh is a small woven patch used in hernia repair surgery which was first introduced to the market in 2010. The devices are made from plastic fibers woven into patches that cannot be absorbed into the body. They have a coating that does allow for absorption, a feature that is intended to facilitate incorporation of the patch into the body and reduce inflammation.

Unfortunately, the patches have not performed as intended, and many patients have suffered painful complications. Patients have suffered severe inflammation, pockets of liquid, serious scarring, and the formation of abscesses. Some have suffered severe, crippling pain in association with the failure of the physiomesh. Many patients have needed repeat surgery on the site where the physiomesh was applied.

The form of Physiomesh that has formed the basis for the recent lawsuits was withdrawn from the market in May 2016, when Ethicon warned hospitals and doctors not to use the devices anymore due to “higher than the average rates” of failure of the devices.

Like so many dangerous medical devices, the Ethicon Physiomesh was approved for use by the Food and Drug Administration via the shortened 510(k) program. This program allows medical devices that are similar to existing products to be approved for sale without undergoing clinical trials using human patients.

Lawsuits consolidated into multi-district litigation

Dozens of patients injured by these dangerous devices have filed lawsuits across the country based on the injuries they’ve suffered due to the use of Ethicon Physiomesh in their hernia surgeries. While more claims are being filed constantly, 70 of these lawsuits have now been consolidated before a single judge in what’s known as multi-district litigation (MDL). The judge overseeing the Physiomesh MDL, U.S. District Court Judge Richard W. Story, recently held the first status conference for the case in his Georgia courtroom. Legal representatives for each side have begun the discovery process and are discussing how to consolidate the claims of the 70 injured plaintiffs so far involved. However, additional plaintiffs are still being added to the case at this time.

If you’ve been injured by a dangerous medical device or drug in California, contact the dedicated and effective Los Angeles dangerous medical device lawyers at Magaña, Cathcart & McCarthy for a consultation, at 310-553-6630.

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