Trial Set In Ethicon Hernia Mesh Case

The first defective medical device trial regarding the controversial Ethicon Physiomesh, which the manufacturer has voluntarily withdrew from the market, is set for November 2018.

The judge originally set a trial date in July 2017, but both parties asked for more time to prepare, citing the “complex issues in this case.” The plaintiff in this case, Matthew Huff, was one of the first people to file an Ethicon Physiomesh lawsuit in the United States. In 2013, doctors implanted the surgical mesh into Mr. Huff’s body following a hernia procedure. In 2015, after experiencing severe pain, nausea, and other symptoms, doctors told Mr. Huff that the Ethicon Physiomesh had infected the surrounding body tissue, resulting in multiple abscesses and an intestinal fistula (organ fusion). He underwent painful emergency surgery shortly thereafter. Court documents state that the “Ethicon Physiomesh Composite Mesh, was defective, unreasonably dangerous, and not suitable for implantation in Matthew Huff.”

Ethicon Hernia Mesh

Ventral hernias are a rather common side-effect of abdominal surgeries. This mesh, and others like it, are designed to support the abdominal muscles and prevent the problem from either recurring or getting worse. Unfortunately for patients, the Ethicon Physiomesh is prone to migration or contraction. If the device slips, patients normally develop hernia recurrence, which simply means that the hernia re-opens instead of closing naturally.

The resulting side-effects can only be corrected with aggressive surgery. These side effects include:

• Intense pain,
• Organ infection,
• Multiple abscesses, and
• Intestinal blockage.

Ethicon, which is a subsidiary of Johnson & Johnson, cited the risk of recurrence when it issued the 2016 voluntary withdrawal.

Types of Recalls

By the time the FDA issues a recall, the dangerous device has probably already injured hundreds or thousands of victims. Recalls are divided into Class I (reasonable probability that the product may cause serious adverse health consequences), Class II (there may be some temporary or reversible side-effects), and Class III (some risk of adverse health consequences, but the risk is “remote”).

• Correction: If the manufacturer identifies minor issue with the device, it may repair or replace the ones that are already on the market.
• Market Withdrawal: This category is the next step up, and it is often used if the device has some known hazards, as was the case with the Ethicon Physiomesh, but the Food and Drug Administration does not plan to take legal action.
• Recall: Either the manufacturer or the FDA can pull a device off the market if there is a determination that the product may pose a serious health hazard.

Ethicon Physiomesh implantation often leads to serious side effects requiring immediate surgery. For a free consultation with an experienced personal injury lawyer in Cave City, contact Attorney Gary S. Logsdon. Our law firm has a small-town atmosphere and access to nationwide resources.