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As a growing number of Atrium C-Qur hernia mesh lawsuits continue to be filed nationwide over severe injuries, immune system reactions and other complications experienced by individuals who received the product during hernia repair surgery, a request has been filed to establish consolidated pretrial proceedings in the federal court system, known as an MDL, or multi-district litigation.
A motion to transfer (PDF) was filed with U.S. Judicial Panel on Multidistrict Litigation (JPML) earlier this month, seeking to transfer product liability cases pending in U.S. District Courts nationwide involving complications with the Atrium C-Qur patch to one judge for coordinated discovery and pretiral proceedings.
The Atrium C-QUR mesh, which is pronounced “Secure”, was approved by the FDA on March 31, 2006. It is sold for use in hernia repair, chest wall reconstruction and to repair traumatic or surgical wounds. However, it has been linked to reports of severe and debilitating complications, resulting in hernia mesh cases filed throughout the federal court system that allege the manufacturer sold an unreasonably dangerous and defectively designed product.
While there are currently only about 13 cases pending in federal courts nationwide, it is widely expected that hundreds, if not thousands, of complaints will be brought in the coming months and years as hernia mesh lawyers continue to investigate and file claims for individuals throughout the United States.
In complex product liability claims, where a large number of individuals file lawsuits over similar injuries associated with the same or similar medical products, it is common for the federal court system to establish a centralized management system, where the cases are all transferred to one judge coordinate pretrial proceedings, reduce duplicative discovery into common issues in the cases, avoid conflicting rulings from different courts and serve the convenience of the parties, witnesses and judicial system.
“As a result of C-Qur’s dangerous and defective design, testing, manufacture, marketing and sale, it has caused patients to suffer serious related health problems,” states the motion filed by one of the plaintiffs involved in the litigation. “In all of the related cases, Plaintiffs’ proof will involve the same evidence concerning defendants’ allegedly misconduct that resulted in design, production, marketing, and sale of defective hernia mesh and led to Plaintiffs’ injuries.”
The motion indicates that establishing an Atrium C-Qur hernia mesh MDL will “promote the just and efficient conduct of [the] actions,” suggesting that the litigation should be centralized in the District of New Hampshire, where at least six of the cases are already pending.
The U.S. JPML is scheduled to consider oral arguments on the motion during an upcoming hearing scheduled for December 3, in New Orleans.