A Physiomesh lawsuit may be an option for patients who experienced severe complications associated with Ethicon Physiomesh Composite Mesh after having hernia repair surgery. Physiomesh composite mesh is designed to provide support after laparoscopic hernia repair surgery, however, the surgical device has been allegedly linked to serious complications, including hernia recurrence and the need for revision surgery. Affected patients and their families may be able to file a lawsuit and pursue damages with the help of a hernia mesh lawsuit attorney.
For more information, contact Attorney Group today. We offer free, confidential, no obligation consultations. We can help answer your questions, and if you choose to pursue a case we can connect you with an affiliated attorney who can assist you throughout the legal process.
Have You Seen a Hernia Mesh Lawsuit Commercial?
You may have seen a Physiomesh lawsuit commercial on television and wondered whether you or a loved one have been affected by an Ethicon Physiomesh Composite Mesh for hernia repairs and, if so, whether you are eligible to pursue a claim against the manufacturer or others. The purpose of this article is to provide you with additional information so that you have a better understanding of your options.
Hernia Mesh Lawsuits: What is a Hernia?
A hernia typically occurs when fatty tissue or part of the bowel squeezes or projects through a hole or weak portion of muscle or tissue. Hernias most commonly occur at the abdominal wall. Common types of hernias include:
- Inguinal (occurs in groin area)
- Femoral (occurs in upper thigh or outer groin area)
- Incisional (occurs through an incision or scar in the abdomen)
- Ventral (occurs in the ventral wall)
- Umbilical (occurs at the belly button)
- Hiatal (occurs along the upper stomach/diaphragm)
Hernias are caused by a combination of pressure and an opening or weakness of muscle or other tissue. Anything that can lead to an increase in abdominal pressure can cause a hernia, including obesity, lifting heavy objects, diarrhea, constipation, or persistent coughing or sneezing. Poor nutrition, smoking and overexertion can lead to muscle weakness and possibly contribute to the likelihood of a hernia as well.
Hernia Repair Surgery
According to the Surgical Clinics of North America, more than one million hernia repairs are performed each year in the United States, with approximately 800,000 to repair inguinal hernias. While surgery is the only treatment that can repair hernias, many people with hernias who do not experience complications may elect to watch the hernia – with the help of their doctor – to make sure that it is not getting larger or causing problems.
Surgical procedures used to treat hernias include:
- Laparoscopic – Several incisions are made in the abdomen, allowing the surgeon to use the openings to repair the hernia.
- Open Repair – Incision is made near the hernia and the weak muscle is repaired.
Both types of hernia repair surgery can be performed with or without the use of surgical mesh, a medical device designed to provide additional support to weakened or damaged tissue and to reduce the rate of hernia recurrence. Likewise, the use of surgical mesh can potentially improve patient outcomes due to lower operative time and minimized recovery time.
Lauren A. on May 16, 2016
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What is Ethicon Physiomesh Composite Mesh?
Surgical mesh devices are used to provide additional strength and support the hernia repair site, particularly to any weakened or damaged tissue. The majority of surgical mesh devices are made from synthetic materials, such as polypropylene, and over the years, have improved to minimize pain and movement restrictions.
According to the Ethicon website, Physiomesh flexible composite mesh is a skirted macroporous, partially absorbable mesh designed for use in laparoscopic operations to repair ventral hernias and other fascial issues that may need support with synthetic materials.
Hernia Surgery Complications
According to the FDA, complications associated with the surgical repair of hernias (with or without composite mesh) include:
- Hernia recurrence
- Scar-like tissue that sticks tissues together (adhesion)
- Blockage of the large or small intestine (obstruction)
- Abnormal connection between organs, vessels or intestines
- Fluid build-up at the surgical site
- Perforation of neighboring tissues
Common adverse events that may occur after hernia repair surgery with mesh include pain, infection, hernia recurrence, adhesion, bowel obstruction, mesh migration and mesh shrinkage.
In an article published by the Journal of the American Medical Association in October 2016, researchers sought to examine the overall benefits of surgical mesh in hernia repair surgeries. Based on the results of the study, researchers determined that certain risks related to the use of surgical mesh devices, such as erosion, infection and perforation, offset the lower risk for recurrence when comparing mesh repair and nonmesh repair.
Physiomesh Lawsuit Info
A hernia mesh lawsuit attorney notes a lawsuit filed in September 2016 alleging that, due to the numerous defects associated with the device, the plaintiff incurred serious health complications and will continue to suffer from pain and medical complications for the rest of her life.
As a result of a variety of defects, the use of Physiomesh composite mesh can potentially lead to other adverse health consequences, including chronic pain, infection, hernia recurrence, adhesions, intestinal blockage, device migration, mesh contraction and revision surgeries.
According to the lawsuit, Ethicon was aware of the risks associated with the devices and were negligent in determining the risks and potential adverse consequences of implanting the devices into patients. Likewise, the lawsuit alleges that the manufacturer made public statements claiming that the implanted devices would not cause harm and knowingly made material representations to the FDA concerning the devices while knowing that the device could lead to patient harm.
Has There Been a Physiomesh Recall?
In May 2016, Ethicon, Inc. (a subsidiary of Johnson & Johnson) issued a Field Safety Notice notifying customers and patients that the company had initiated a voluntary product recall of Ethicon Physiomesh Flexible Composite Mesh because the recurrence/reoperation rates after laparoscopic ventral hernia repair were higher than the average rates of other meshes. This information was provided after the Ethicon Safety Team analyzed unpublished data from two independent hernia registries. Based on available data, the company believes that the higher rates are due to possible product, operative and patient factors.
Is There a Physiomesh Class Action?
There is no Ethicon Physiomesh Composite Mesh class action pending as of January 2017. Physiomesh lawsuit attorneys are doubtful that a class action will be certified for patients who are adversely affected by the device. Instead, if multiple Physiomesh lawsuits are filed against the manufacturers, alleging injuries and other damages caused by Ethicon Physiomesh Composite Mesh and similar medical devices, it is anticipated that these lawsuits will be consolidated for discovery and other pretrial proceedings.
When cases are consolidated in this way in federal court it is called multidistrict litigation (MDL), and on a state level, it is known as a state court consolidated proceeding. MDLs are distinct from class actions, and it is generally agreed that consolidating cases instead of proceeding in a class action is a more efficient and effective way of handling claims arising from injuries caused by defective medical devices.
Have There Been Physiomesh Settlements?
Some cases settle early in the claims process, but it is not expected that there will be early Physiomesh lawsuit settlements. In most cases that proceed in an MDL or state court consolidated proceedings, after a certain period of time initial trials, also known as bellwether trials, take place. The purpose of these trials is for the parties to get an idea of the types of evidence and arguments that will be made, as well as to see how juries will respond to the evidence and arguments. After a certain number of cases have been tried, the parties are in a better position to determine whether a case can be settled.
It is expected that Physiomesh lawsuit settlements will follow this pattern, although the outcome of any case is never guaranteed and past results are not necessarily predictive of future outcomes.
Physiomesh Lawsuit News
- January 2017Physiomesh lawsuit filed claiming that the devices were defective and that the manufacturers failed to adequately warn of the dangers associated with the hernia repair devices.
- September 2016Physiomesh lawsuit claims that the devices can lead to serious complications, including hernia recurrence and the need for revision surgery.
- May 2016Ethicon issues a Field Safety Notice notifying patients of a voluntary product recall of Ethicon Physiomesh™ Flexible Composite Mesh.
- April 2016Physiomesh lawsuit alleges that Ethicon was aware of the serious risks associated with the medical devices and knowingly made statements about the safety of the devices while knowing that the device could lead to patient harm.
How a Hernia Mesh Lawsuit Can Help
Medical device makers have a duty to provide safe products. If there are risks of harm associated with their products, they also must provide adequate warnings. If a medical device maker fails to fulfill this duty, it could be held liable in lawsuits for injuries that may result.
People injured by Ethicon Physiomesh Composite Mesh may be eligible to recover money for:
- Medical Expenses
- Lost Wages
- Pain and Suffering
The families of those who have died may be eligible to recover money for funeral expenses and the pain that comes with losing a loved one.