Breast Mesh Malpractice Lawsuit Claims Use of Unapproved Internal Bra Caused Complications

Malpractice case goes before a Florida jury as a growing number of women are investigating potential product liability lawsuits against breast mesh manufacturers, over injuries linked to design defects.

A Florida jury began hearing opening statements this week in a breast mesh medical malpractice lawsuit brought by a woman who claims a Pensacola plastic surgeon implanted an “internal bra” mesh system during her breast reconstruction, which was never approved for use in the breast and caused her to suffer serious infections, permanent nerve damage and resulted in the need for multiple corrective surgeries.

The complaint (PDF) was originally filed by Wendy Carden in Escambia County Circuit Court in May 2022, naming Dr. Benjamin Brown and several associated medical practice entities as defendants.

According to the complaint, Carden hired Dr. Brown to perform breast reconstruction following a bilateral mastectomy, a surgery in which both breasts were removed. During multiple preoperative discussions, Carden allegedly told Dr. Brown and several staff members that she did not consent to the use of breast implants, mesh or any foreign material, and she refused to sign a consent form that authorized “the use of breast implants and mesh.”

Despite these objections, the lawsuit states that Dr. Brown implanted Ventrio mesh patches during the operation, which became infected shortly after surgery, leading to sepsis, hospitalization and the need for corrective procedures to remove contaminated tissue.

The breast mesh complications Carden experienced align with growing concerns about the use of the “internal bra” systems during breast reconstruction, since the FDA has never approved any surgical mesh for breast reconstruction or augmentation. Products such as Ventrio, GalaFLEX, Phasix, AlloDerm and DuraSorb were originally cleared only for general soft-tissue reinforcement, not for implantation in breast tissue.

In recent years, however, many of these materials have been marketed and adopted for off-label “internal bra” procedures, where they are used to support implants or reinforce weakened tissue. This shift has been accompanied by increasing reports of internal bra failures caused by infection, premature mesh degradation, loss of implant support and reconstruction failure, raising questions about whether the devices behave safely in the breast environment.

As a result, attorneys nationwide are investigating breast mesh lawsuits on behalf of women who suffered injuries after receiving these devices, focusing on product liability claims against the manufacturers for misrepresenting the safety of the products to patients and the medical community, and overlooking mounting evidence of the harm associated with their off-label use in breast surgeries.

Breast Mesh Infection Causes Permanent Injuries

Carden’s lawsuit indicates that the unauthorized implantation of Ventrio mesh set off a rapid cascade of complications that required emergency medical intervention. Within weeks of the surgery, she began exhibiting signs of infection at the reconstruction site, including drainage, swelling and systemic symptoms consistent with a developing abdominal wound infection.

The medical malpractice lawsuit alleges that these breast mesh complications progressed into sepsis, requiring hospital readmission and urgent surgical management to remove the infected mesh and affected tissue.

Even after removal of the contaminated Ventrio mesh, Carden states that she continued to experience significant postoperative complications, including chronic pain, scarring, limited arm function and deformity of the reconstructed breast. Surgical records cited in the complaint show that she later underwent additional reconstructive procedures in 2022 to address lingering tissue damage, asymmetry and residual mesh fragments.

According to her allegations, these ongoing injuries have resulted in both physical impairment and substantial emotional distress, along with long-term wage loss, diminished earning capacity and other economic damages.

In addition to mesh-related issues, the complaint raises specific concerns about how Carden was positioned during the nearly nine-hour procedure. The filing alleges that Dr. Brown and the surgical staff failed to monitor her upper extremities while she remained in a supine position with her arms abducted for the duration of the surgery. As a result, Carden claims she suffered a right brachial plexus injury, confirmed later through nerve conduction studies, which she says left her with permanent nerve damage, weakness, pain and loss of mobility in her dominant arm.

Breast Mesh Malpractice Trial Underway in Escambia County

According to a December 2 report from Gulf Coast Confidential, a jury was selected earlier this week for Carden’s breast mesh malpractice lawsuit, and opening statements began Tuesday morning at the Escambia County Courthouse in downtown Pensacola.

With the case now narrowed to Dr. Benjamin Brown and his associated practice entities, jurors are expected to hear evidence focused on whether Dr. Brown implanted Ventrio mesh without Carden’s consent and whether his surgical decisions during the 2019 procedure met accepted medical standards.

Testimony will include the informed consent discussions leading up to surgery, operative records documenting the implantation and later removal of Ventrio breast mesh, and medical evidence addressing the severity and permanence of Carden’s injuries. The jury is also expected to review clinical findings related to the right brachial plexus injury, including postoperative symptoms, diagnostic testing and therapy records that the complaint says confirm lasting nerve damage.

Witnesses and experts for both sides are anticipated to testify throughout the week, providing accounts of the events before, during and after the operation, as well as explaining how the alleged mesh infection, tissue damage and nerve injury fit into the broader breast mesh medical malpractice claims at issue in the case.

Several Defendants Dismissed Ahead of Trial

Shortly before trial, the court substantially narrowed the number of defendants. A December 1 order (PDF) issued by Escambia County Circuit Court granted the plaintiff’s motion to amend the case style and dismissed several providers originally named in the lawsuit, including Dr. Victor Agadzi, Dr. Stephen Berkes, Melissa Morris White, CRNA, Stephanie Hust, CRNA, and AMS Baptist LLC.

Although the order does not specify the basis for these dismissals, the ruling leaves Dr. Brown, his professional association, Restore Plastic Surgery P.A., North Florida Surgeons P.A., and North Florida Surgeons Pensacola Plastic Surgery LLC as the remaining defendants. With those dismissals, the breast mesh medical malpractice claims now center exclusively on Dr. Brown’s conduct and the alleged unauthorized implantation of Ventrio mesh, as well as the surgical positioning decisions that Carden claims resulted in a permanent brachial plexus injury.

Although unrelated to this civil action, the trial has drawn heightened media attention because Dr. Brown is also facing a separate manslaughter charge connected to the death of his wife, Hillary Brown. That criminal case is scheduled for trial in Spring 2026.

Breast Mesh Failure Lawsuits

As this trial moves forward, breast mesh injury lawyers are investigating dozens of separate product liability lawsuits on behalf of women who suffered complications after an internal bra surgery. The lawsuits allege that manufacturers promoted these devices for unapproved cosmetic and reconstructive uses, misrepresented them as safe and absorbable, and failed to warn about the known risks of mesh degradation in soft breast tissue.

Women may qualify for a claim if they underwent breast augmentation, lift or reconstruction using mesh and later experienced:

• Infection or abscess formation
• Chronic pain or nerve damage
• Mesh migration or detachment
• Seroma or fluid buildup
• Tissue necrosis or reconstruction failure
• Scarring, deformity or loss of the breast implant
• Surgical revision or mesh removal surgery

Financial compensation may be available for medical expenses, corrective surgeries, lost wages, pain and suffering, and emotional distress caused by failed mesh devices.