Hernia Mesh Lawsuit Filed Over Bard Prefix Plug, Ethicon Prolene Mesh

A product liability lawsuit filed last month alleges that a number of severe and debilitating complications were caused by two different types of defective hernia mesh, including the Bard Perfix Plug and Ethicon Prolene Mesh. 

The complaint (PDF) was filed by Matthew Ochoa in the U.S. District Court for the Southern District of Texas on March 8, naming C.R. Bard, Bard Davol, Inc., Johnson & Johnson, and its Ethicon subsidiary as defendants.

According to the lawsuit, Ochoa first received a Bard Perfix hernia plug in March 2015. However, days have the surgery, he developed problems like groin pain, a spreading rash and tests revealed that the hernia mesh had folded on itself and ultimately the hernia ruptured, resulting in the need for a second repair surgery.

In July 2015, Ochoa underwent another hernia surgery involving the use of Ethicon Prolene mesh. However, the severe pain and complications continued following this procedure and it was determined that the mesh was reacting horribly within his body, resulting in yet another revision surgery.

“During the operation, Dr. Shin found that the original mesh had been tangled with the nerves and 2% of the mesh concreted onto Matthew’s spermatic cord, which he was unable to remove,” the lawsuit notes. “The operation took 25% longer than anticipated due to the complications that arose from the entanglement.”

The rash disappeared after the mesh was removed, indicating that Ochoa had been suffering from an allergic response. However, he continued to experience a variety of complications, including swollen testicles, pain, balance issues and rashes which led doctors to believe both mesh implants had been defective and both caused allergic reactions.

The lawsuit maintains that the manufacturers of the Bard Perfix Plug and Ethicon Proceed products knew or should have known about the risk of problems, especially in relation to use of the hernia mesh in the groin area, which the FDA has warned can cause infections, chronic inflammation and other health problems.

The case is one of a growing number of hernia mesh lawsuits filed against various manufacturers in recent months, each involving similar allegations that many commonly used products have major design and manufacturing defects, which make them unreasonably dangerous for use during hernia repair.

Ochoa presents charges of failure to warn, design defect, negligence, breach of warranty, fraud and deceit, and gross negligence.