Table of contents
- Latest Physiomesh Lawsuit Updates
- December 6, 2023: Judge Dismisses More than 200 Cases
- April 24, 2019: New Jersey Litigation Reassigned to Judge Porto
- July 17, 2018: New Jersey Designates Multicounty Litigation
- June 5, 2017: Health Canada Recall and Class Action Application
- May 25, 2016: Ethicon Recalls Physiomesh Worldwide
- What Is Physiomesh?
- Who May Be Affected?
- Reported Injuries or Damages
- Recall and Regulatory Background
- Evidence to Preserve
- Filing Deadlines
- Frequently Asked Questions
- What Is the Latest Update on the Physiomesh Lawsuit?
- What Is Happening with the Johnson & Johnson Hernia Mesh Cases?
- What Does the Research Say About Physiomesh?
- Did Ethicon Admit Liability in the Physiomesh Settlements?
- How Do I Know If I Received Physiomesh?
Ethicon Physiomesh Flexible Composite Mesh, a mesh used in laparoscopic ventral hernia repair, was withdrawn worldwide in May 2016. Patients allege personal injuries from the mesh. Ethicon’s notice reported higher recurrence and reoperation rates than comparator meshes in two registries.
Federal MDL No. 2782 in Georgia and New Jersey multicounty litigation handled the U.S. cases. Settlements in September 2021 and May 2023 resolved most of them. A judge dismissed more than 200 cases on December 6, 2023.
Ethicon introduced the mesh in 2010. Health Canada also recalled it, according to CBC. Ethicon says the settlements were not an admission of liability or wrongdoing.
Latest Physiomesh Lawsuit Updates
December 6, 2023: Judge Dismisses More than 200 Cases
MedTech Dive reported that a U.S. judge dismissed more than 200 Physiomesh cases. Ethicon and Johnson & Johnson had reached a settlement. The claimants then jointly filed to dismiss in late November 2023 [1].
Around 720 plaintiffs had pending lawsuits at the start of October 2023. Five cases left out of both settlements stayed under docket control orders.
April 24, 2019: New Jersey Litigation Reassigned to Judge Porto
The New Jersey Judiciary reassigned the Physiomesh multicounty litigation to Judge John C. Porto by an order dated April 24, 2019 [2].
July 17, 2018: New Jersey Designates Multicounty Litigation
The New Jersey Supreme Court designated pending and future state court litigation over Physiomesh injuries as multicounty litigation. It assigned the cases for central management to Atlantic County, according to the same case page.
June 5, 2017: Health Canada Recall and Class Action Application
CBC News reported that Health Canada had recalled Physiomesh. A Canadian law firm was applying to certify a class action for Canadian patients. That was an application and not a ruling [3].
May 25, 2016: Ethicon Recalls Physiomesh Worldwide
Ethicon’s field safety notice of May 25, 2016 began a voluntary worldwide recall of Physiomesh Flexible Composite Mesh. The notice said registry data showed higher recurrence and reoperation rates [4].
What Is Physiomesh?
Physiomesh Flexible Composite Mesh is a polypropylene-based mesh designed to repair hernias, according to the New Jersey Judiciary. MassDevice called it a mesh for minimally invasive hernia repair [5]. The federal MDL covers this device.
Who May Be Affected?
People who had a laparoscopic ventral hernia repair with Ethicon Physiomesh Flexible Composite Mesh may be affected. Ethicon’s notice compared how often that repair failed or needed more surgery.
The notice covered all unexpired product codes of the mesh and all unexpired procedure packs containing it. Your hospital or implant record may show the product code and lot number.
If your repair used a different brand of mesh, see our page on the hernia mesh lawsuit for other devices. Your own facts decide whether you qualify.
Reported Injuries or Damages
Plaintiffs in the Physiomesh cases allege personal injuries from the mesh. These are allegations, and a court has not found them true.
The CBC report quoted a lawyer for the plaintiffs, who alleged problems. They ranged from minor discomfort to debilitating pain and a return of the hernia.
A Herniamed Registry analysis by Ferdinand Köckerling and colleagues looked at 1,380 laparoscopic incisional hernia repairs with Physiomesh and 3,834 with other guideline-recommended meshes [6].
One-year recurrence was 12.0% with Physiomesh and 5.0% with the other recommended meshes (P < 0.001), a markedly higher rate with Physiomesh.
Recall and Regulatory Background
The recall followed Ethicon’s review of unpublished data from the Herniamed German Registry and the Danish Hernia Database. Ethicon’s field safety notice called the higher rates “a multifactorial issue.”
Doctors were told to “continue to follow those patients in the usual manner.” MassDevice reported the withdrawal on June 20, 2016. A recall does not by itself prove liability.
Evidence to Preserve
Keep any records that show you received Physiomesh and how your recovery went. Useful items include:
- Your implant card, product code or lot number
- Hospital records that name the mesh
- Records of pain, infection, recurrence or repeat surgery
- The surgeon’s notes on any revision surgery
- Photos of scars or swelling
- Receipts and bills for treatment
- A diary of your symptoms
- Messages with your doctors or Ethicon
Keep the originals and make copies. Do not throw away the implant card or any surgery paperwork, even if it seems minor.
Filing Deadlines
State law sets the time limit for a Physiomesh claim. The limit differs by where you live, when you were hurt, and when a doctor diagnosed the problem.
In some states the clock starts at diagnosis. Missing the deadline can end a claim whatever the facts show. Ask a lawyer soon which limit applies to you.
Frequently Asked Questions
What Is the Latest Update on the Physiomesh Lawsuit?
The latest update on the Physiomesh lawsuit is a December 2023 dismissal of more than 200 cases. Pending lawsuits had fallen from 2,100 at the start of 2023 to around 720 by October.
What Is Happening with the Johnson & Johnson Hernia Mesh Cases?
What is happening with the Johnson & Johnson hernia mesh cases is mostly settlement. In September 2021, Ethicon agreed to resolve more than 3,700 cases. In May 2023, it settled with 292 claimants excluded earlier.
What Does the Research Say About Physiomesh?
The research on Physiomesh includes a Herniamed Registry analysis of laparoscopic incisional hernia repairs. It found that the mesh type significantly influenced the rates of chronic pain as well as recurrence.
Did Ethicon Admit Liability in the Physiomesh Settlements?
Ethicon did not admit liability in the Physiomesh settlements. An Ethicon spokesperson said the settlement is not an admission of liability or wrongdoing. The spokesperson added that the company acted appropriately and responsibly in developing and marketing its hernia mesh.
How Do I Know If I Received Physiomesh?
Check your implant record against the notice’s product codes to see if you received Physiomesh: PHY0715R, PHY1015V, PHY1515Q, PHY1520R, PHY1520V, PHY2025V, PHY2030R, PHY2535V, PHY3035R and PHY3050R.