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According to allegations raised in a product liability lawsuit filed over Ethicon Physiomesh, a Texas woman indicates that design problems with the surgical mesh caused her to experience painful complications following laparoscopic hernia repair, leading to the need for revision surgery.
In a complaint (PDF) filed against Johnson & Johnson and it’s Ethicon subsidiary on October 9, Amy Flood indicates that the widely used hernia mesh was defectively designed and manufactured.
Flood had a 10 cm by 15 cm patch of Ethicon Physiomesh Composite Mesh implanted in October 2015, during a laparoscopic incisional hernia repair procedure, according to the lawsuit filed in the U.S. District Court for the Eastern District of Texas. However, due to complications from the hernia mesh, Flood indicates that she has experienced a recurring hernia, severe physical pain and injuries.
“Defendants’ Physiomesh was defectively designed and/or manufactured, was not reasonably safe for its intended use in hernia repair, and the risks of the design outweighed any potential benefits associated with the design,” Flood’s lawsuit states. “As a result of the defective design and/or manufacture of the Physiomesh, there was an unreasonable risk of severe adverse reactions to the mesh or mesh components including: chronic pain; recurrence of hernia; foreign body response; rejection; infection; inadequate or failure of incorporation/ingrowth; migration; scarification; deformation of mesh; improper wound healing; excessive and chronic inflammation; adhesions to internal organs; erosion; abscess; fistula formation; granulomatous response; seroma formation; nerve damage; tissue damage and/or death; and other complications.”
The case joins a growing number of laparoscopic hernia mesh lawsuits filed by individuals nationwide who have experienced complications following surgical procedures in recent years where Ethicon Physiomesh was used.
Given similar reports of complications, and the manufacturers failure to identify a solution for the problems, an Ethicon Physiomesh recall was issued last year, removing the hernia mesh from the market worldwide.
Flood’s’ case will be transferred to a federal multidistrict litigation (MDL), which has been established for all cases filed against Johnson & Johnson and Ethicon over Physiomesh. The case will be centralized with other claims before U.S. District Judge Richard Story in the Northern District of Georgia to reduce duplicative discovery, avoid contradictory pretrial rulings and to serve the convenience of the parties, witnesses and the courts.