Articles Posted in Hernia Mesh

Ethicon (a Johnson & Johnson subsidiary) is defending over 3,000 lawsuits alleging that the defective design of its Physiomesh® hernia mesh product caused serious complications and injuries for surgery patients who had it implanted inside them.

The Ethicon Physiomesh hernia mesh lawsuits have been pending for 4 years and progress was significantly delayed by COVID shutdowns in 2020.

In this post, we will take a brief look at the Ethicon Physiomesh lawsuits and the current status of the Physiomesh class-action MDL.

hernia mesh lawsuitsTo date, thousands of lawsuits related to defective hernia mesh implants have been filed in courts across the country. These suits claim that defective surgical implant devices were the cause of chronic pain, serious infections, obstructed bowels, perforated abdomen lining, and the development of adhesions. Some plaintiffs’ injuries were severe enough that they needed further surgeries to correct these issues.

Our law firm is taking new hernia mesh lawsuits.  This page is about Atrium Proloop and ProLite hernia mesh lawsuits.

The Atrium ProLite and ProLoop are the latest hernia mesh implants to become the subject of a large number of product liability lawsuits.

With the number of hernia mesh lawsuits involving the ProLite and ProLoop devices growing rapidly, a motion has been filed with the Judicial Panel on Multidistrict Litigation requesting that the cases be consolidated into a new MDL.

If you have a Ethicon Physicomesh lawsuit, here are 8 things you want to know.

  1. Ethicon Physiomesh

The Physiomesh was introduced in 2010 and had an absorbable film coating on each side of the mesh. It was designed to minimize inflammation and incorporate the patch into the body. Ethicon, a subsidiary of Johnson & Johnson, manufactured the Physiomesh.

vaginal mesh lawsuitsThe big news last week is that C.R. Bard will pay $21 million to settle 500 vaginal mesh lawsuits filed against it.

Good deal for plaintiffs?  Not so much.  This comes out to a little over $40,000 a case.  Most of the women in these complaints have suffered real injuries with organ damage.  So you get painful and often debilitating complications from these surgical mesh implants and you get $40,000?  What on earth is happening here besides C.R. Bard’s stock price shooting up after the announcement?

The Method to the Madness

I think C.R. Bard is playing a little psychological trick.  It’s smart, and it just might work a little unless the victims and their lawyers are smart.

If you ask the average vaginal mesh victim how much they expect to get in a settlement, the numbers would range from a few thousand dollars to millions.  No one is given any guidance on what the settlement amounts of these cases are, or even the ranges of values.

Lawyers talk themselves into circles when asked about the settlement value of the case.  No one wants to give a straight answer because no one wants to be wrong.  If you were to guess the outcome of the average settlement of a mass tort case from the beginning, you would probably be very wrong.  I like tracking the pay-per-click costs of drug injury cases.  They make the stock market seem stable.  The expected values of these cases rise and fall and rise and fall and where it stops, no one knows.

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bard avaulta mesh settlement

Another vaginal mesh settlement

The last case in a series of Bard Avaulta Mesh bellwether trials has settled just weeks before it was scheduled to go to trial.

Anyone paying attention could see this coming.  C. R. Bard does not want to take another verdict in these cases.   Why not just work harder to settle them all?   Well, that is a question I don’t have an answer to… it just makes no sense. It will happen soon.  But I think Bard’s defense counsel will make a lot more money first.

While details of the settlement have not been disclosed, it brings an end to the three cases chosen for early trial dates in attempts to assist the parties gauge how juries might respond to evidence and testimony that will more than likely be repeated through the litigation of these cases.

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Transvaginal mesh lawsuits pending around the country were sparked when the FDA issued a Public Health Alert in October 2008 revealing that it had received 1,000 reports of serious injuries associated with vaginal mesh products over a three-year period. In July 2011, the FDA warned that complaints associated with transvaginal prolapse repair had grown five-fold since the 2008 alert.  It stated that it no longer considered these types of injuries to be rare.   This was a big deal because that is what women were sold: complications would be very unlikely. According to the FDA and what we have seen with the inquiries that have come to our law firm, the most common vaginal mesh complications included chronic infections, organ damage, and mesh erosion and shrinkage. Women have filed claims in massive numbers since then.

Every major manufacturer has been sued. vaginal mesh bellwetherAmerican Medical Systems (AMS), based in Minnesota, is a major manufacturer of transvaginal mesh medical devices, support systems designed to correct pelvic organ prolapse, (POP), and stress urinary incontinence (SUI).  Johnson & Johnson is the global leader in prolapse mesh, followed by American Medical Systems, Boston Scientific, and Bard.  Currently, of the six different vaginal mesh multi-district litigations (MDLs) centralized before U.S. District Judge Joseph R. Goodwin in the Southern District of West Virginia, the largest MDL is the American Medical System (AMS) mesh lawsuits.  The products were manufactured by the subsidiary of Endo Health Solutions, Inc.  As of September 2013, there were 9,930 cases filed against AMS.

Dangerous Side Effects of Transvaginal Mesh Patches Include

More than 30,000 complaints have been filed nationwide involving complications associated with vaginal mesh surgery.  Women have been waiting forever to resolve these claims.  Now, new hope is on the horizon as global settlement talks have begun.

C.R. Bard, American Medical Systems (AMS), Boston Scientific, Coloplast Corp, and Cook Medical and a few other smaller companies are now negotiating settlement with plaintiffs’ counsel.

Who is missing from the table?  If you are following these cases, you can guess:  Johnson & Johnson (Ethicon).   Typical.

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