Bard Ventralex Hernia Patch Lawsuit Alleges Mesh Incompatible with Human Tissue

According to allegations raised in a recent product liability lawsuit filed against C.R. Bard, complications following hernia repair surgery were caused by the unreasonably dangerous design of the Bard Ventralex patch, which the plaintiff indicates is incompatible with human tissue. 

The complaint (PDF) was filed last month in the U.S. District Court for the Middle District of Florida by Thomas Feeney, who indicates that he suffered a negative immune response after surgery where a Bard Ventralex hernia patch was used.

Feeney indicates that the manufacturer failed to perform proper testing and research about the risks associated with the Bard Ventralex hernia patch before marketing it to the medical community, resulting in a large number of complications among recipients. The complaint indicates that Bard knew or should have known that the Ventralex patch was unreasonably harmful, yet continued to market the hernia repair mesh as safe and effective.

“The Product was made of materials which are biologically incompatible with human tissue and react negatively and sometimes dangerously with a large number of those on whom it is used,” the lawsuit states. “The scientific evidence Defendant knew or should have known of demonstrates that the mesh is incompatible with human tissue and often causes a negative immune response in patients implanted with the Product, including Plaintiff.”

Feeney presents charges of negligence, design defect, manufacturing defect, failure to warn, and breach of warranty.

Hernia Mesh Litigation

Feeney’s complaint is the latest in a growing stream of hernia mesh lawsuits filed in recent months against manufacturers of various different products, which have been linked to a large number of problems since they were introduced.

Similar allegations have been raised in many Atrium C-Qur mesh lawsuits filed in courts nationwide, each indicating that the manufacturer of that hernia patch also failed to investigate or review complaints involving failures and infections that may be caused by design problems.

Pronounced “Secure”, Atrium C-Qur mesh was approved by the FDA on March 2006, for use in hernia repair, chest wall reconstruction and to repair traumatic or surgical wounds. The patch is made of a polypropylene mesh, with an outer coating of gel made from 3 fatty acids, which plaintiffs allege caused severe infections, allergic reactions and other complications after Atrium C-Qur hernia repair.

Earlier this year an Ethicon Physiomesh recall was issued for another popular type of hernia repair mesh, with the manufacturer removing the patch from the market worldwide, after discovering a high number of complications and failing to identify the cause of the problems. While the actions was classified as a “market withdrawal” in the United States, Johnson & Johnson’s Ethicon subsidiary has indicated that it has no intentions of returning the product to the market and asked hospitals to return the product.

A number of individuals who experienced severe and painful complications in recent years are now pursuing Ethicon Physiomesh hernia patch lawsuit, alleging that the manufacturer failed to adequately tested and researched the product before marketing it. Several of the complaints suggest that the problems may stem from the use of materials that are not inert and that react to human tissues, causing infections and increasing the risk that the hernia mesh migrates from the implant site to other parts of the body. Claims also indicate the mesh fails to perform and can abrade human tissue.

The complaint filed by Feeney is one of only a handful of Bard Ventralex hernia lawsuits filed in recent months, but it is widely expected that additional cases will be filed in the future, as individuals learn that complications experienced following hernia repair may have been caused by the defective design of the mesh.