As a panel of judges considers whether to centralize all federal Physiomesh lawsuits into a single jurisdiction for pretrial handling, the manufacturer argues the claims are too different in their allegations to warrant consolidation.
Free Confidential Lawsuit Evaluation: If you or a loved one suffered complications following hernia repair with Physiomesh, you should contact our law firm immediately. You may be entitled to compensation by filing a suit against Ethicon and our lawyers can help.
What’s the problem?
April 19, 2017 – In a response (PDF) filed last week with the U.S. Judicial Panel on Multidistrict Litigation (JPML), Ethicon Inc. claimed that the hernia mesh lawsuits were too individualized to warrant centralization.
Dozens of lawsuits have been filed in courts throughout the U.S. on behalf of patients who claim they suffered adverse health complications including adhesions, perforations, infections and mesh erosion after being implanted with Physiomesh.
In a Motion for Transfer filed last month with the JPML, plaintiffs predicted that hundreds of similar Physiomesh lawsuits will be filed in the coming weeks and months, and that the creation of an MDL would expedite the litigation process.
Ethicon countered by arguing that a wide range of injuries alleged by the plaintiffs would involve individualized questions of fact.
“Although Plaintiffs may point to hernia recurrence as the common injury that binds these cases together, a closer look at the complaints shows a wide variety of alleged injuries, such as abdominal abscesses and intestinal fistula, bowel puncture, erosion and bowel resection, bowel adhesions, fistula and infection, and recurrent inguinal hernia,” Ethicon stated in its response.
Ethicon announced that it was withdrawing Physiomesh from the global market in May 2016, after unpublished data found that the hernia patch was linked to a higher average recurrence and revision rates compared to other similar products. The manufacturer was unable to determine the cause of the problem but theorized that it could be due to design flaws, as well as operative and patient factors.
While the action was not granted recall status in the U.S., Ethicon did ask hospitals to return any unused Physiomesh products. Ethicon said that it would not seek to reintroduce the affected mesh patches.
Do I Have a Physiomesh Lawsuit?
The Medical Device Litigation Group at our law firm is an experienced team of trial lawyers that focus on the representation of plaintiffs in Physiomesh lawsuits. We are handling individual litigation nationwide and currently accepting new hernia mesh injury cases in all 50 states.
Free Case Evaluation: Again, if you had problems following hernia repair surgery, you should contact our law firm immediately. You may be entitled to a settlement by filing a suit and we can help.