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Bard Hernia Mesh Lawsuit Alleges Failure to Warn About Risks from Recalled Patch

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As a growing number of hernia mesh lawsuits continue to be filed in courts nationwide, alleging problems with Ethicon Physiomesh, Atrium C-Qur and other specific products, a new lawsuit indicates that problems with the design of Bard Monofilament Soft mesh caused severe damage following a hernia repair.

The complaint (PDF) was filed by Euphrelia Jones in the U.S. District Court for the Middle District of Tennessee on May 11, indicating that Bard subsidiary Davol, Incorporated and RAM Medical sold a defective and unreasonably dangerous hernia repair mesh, which was used during large periumbilical hernia repair.

Jones indicates that a 6 x 6 inch Monofilament Soft Bard Mesh patch was implanted in November 2009, at Baptist Hospital in Nashville, Tennessee. However, only a few months later, the lawsuit indicates that the defendants issued a hernia mesh recall, due to a risk that counterfeit product was mixed with authentic product, and a risk that mismatching expiration dates and subtle differences in packaging that created problems conducive for a recall.

In June 2010, the recall for Bard Monofilament Knitted Polypropylene Flat Mesh was expanded to an FDA Class I recall, which is the most serious category, suggesting that use of the medical device may pose a risk of serious health consequences or death.

According to the complaint, following the hernia repair Jones suffered significant injury and physical deformity, including “pain, infection, recurrence, adhesion, obstruction, and bowel perforation.” As a result of the Bard hernia mesh complications, Jones had to undergo multiple corrective surgeries to locate and remove the recalled patch. She also indicates that she had to undergo repairs to the weakened tissue.

“The Defendants failed to properly and adequately warn and instruct the Plaintiff and her health care providers of the defective hernia mesh product,” the lawsuit states. “The Defendants failed to properly and adequately warn and instruct the Plaintiff and her health care providers as to the risks and benefits of the Defendant’s hernia mesh product, given the Plaintiff ‘s conditions and need for information.”

The case comes as a number of product liability lawyers are advertising for potential Atrium C-Qur mesh lawsuits and Ethicon Physiomesh lawsuits, reviewing cases for individuals who received these two specific products that have been linked to large numbers of problems. However, as cases are being reviewed and evaluated, it appears that the size and scope of the hernia mesh litigation will continue to widen.

Jones presents claims over the sale of the Bard soft hernia mesh for failure to warn, strict liability, common law fraud, negligent misrepresentation, negligent infliction of emotional distress, violation of express warranty, violation of implied warranty, violation of consumer product laws, gross negligence and unjust enrichment, seeking both compensatory and punitive damages.

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