Oklahoma City Defective Hernia Mesh Attorneys Protect Your Future

Skilled counsel for injury victims throughout Oklahoma

There are few experiences more painful than developing a hernia. If left untreated, the condition can morph into something much more serious, leading to even greater pain, infections and potential tissue death. For years, doctors have used hernia mesh to reinforce the torn and weakened muscles. In more recent years, hernia mesh has also been used to help treat pelvic organ prolapse (POP) and stress urinary incontinence (SUI) in women.

Complications arising from defective hernia products, specifically C-QUR hernia mesh and Physiomesh, have led to significant recall efforts and thousands of lawsuits against the manufacturers of this products. Cunningham & Mears is proud to represent injured people throughout Oklahoma City and the surrounding areas in claims for compensation. We offer practical honest counsel about your best options moving forward, and help you protect your family and your future.

What is hernia mesh?

Hernia mesh, or surgical mesh, is a screen-like surgical implant. When a person develops a hernia, his or her muscle physically pokes through weakened tissue (like a weakened abdominal wall, for example). The mesh is placed over this weakened tissue to help support it.

Hernia mesh falls into two categories: synthetic, which is derived from absorbable or non-absorbable materials (or a combination of both), and animal-derived. Non-absorbable mesh is considered a permanent implant, whereas absorbable and animal-derived mesh will eventually degrade as the tissue strengthens.

Complications from defective hernia mesh

A 510(k) premarket submission allows manufacturers to claim that their products are at least as effective and safe as other products currently being sold on the market. If the submission is accepted, then the product does not need to go through the same level of testing as a new product would. However, because of this, multiple hernia mesh products have made it to market, only for consumers to discover that they are, indeed, quite dangerous.

Some of the complications and adverse effects from mesh implants include:

  • Infections
  • Rejection
  • Bowel obstruction
  • Adhesions
  • Organ perforation
  • Seromas (fluid buildup beneath the skin)
  • Erosion of mesh
  • Severe pain
  • Urinary problems
  • Recurrence of hernia

Defective Physiomesh Flexible Composite Mesh

Physiomesh is a plastic (polypropylene) surgical mesh implanted medical device used in hernia repair surgeries. Despite having passed the 510(k) submission process in 2010, the FDA received multiple complaints and adverse event reports. Patients were developing recurring hernias and infections, and many people had to undergo revision surgery to fix the problem. Furthermore, Physiomesh is covered in a filmy substance that was supposed to be absorbed by the body, but ended up bunching up and adhering to other parts of the body, including the intestines.

Ethicon, a subsidiary of Johnson & Johnson, voluntarily removed the product from the market in 2016 due to unacceptably high revision rates shortly after the device is implanted in the body. Ethicon issued an Urgent Field Safety Notice which stated: “Ethicon is recalling the product following an analysis conducted at the request of the Ethicon Medical Safety Team of unpublished data from two (2) large independent hernia registries (Herniamed German Registry and Danish Hernia Database- DHDB). The recurrence/reoperation rates (respectively) after laparoscopic ventral hernia repair using ETHICON PHYSIOMESH™ Composite Mesh were higher than the average rates of the comparator set of meshes among patients in these registries.”

Following the voluntary recall of Physiomesh, consumers who had suffered injuries and adverse effects began filing product liability lawsuits against Ethicon. By June 2017, the number of cases caused the Panel on Multidistrict Litigation to order all Physiomesh injury cases to be transferred to a multidistrict litigation in the Northern District of Georgia under the Honorable Thomas W. Thrash, Jr., Chief Judge.

Ethicon responded by saying that the injuries that claimants are complaining about from the Physiomesh implant, could be caused by various risk factors such as their age, medical history, concomitant injuries, obesity, smoking, genetics, the size of the hernia or even a chronic cough.

Defective C-QUR Mesh

C-QUR hernia mesh is a flexible plastic device that is surgically implanted to repair hernias. C-QUR mesh is also made of polypropylene, a plastic polymer with a reputation for causing foreign body reaction, become infected and eroding inside the body. It was approved through the FDA’s 510(k) program in 2006.

The problem with C-QUR mesh is that the device has led to infections, injuries and other complications. The FDA sent Atrium Medical a warning letter in 2012 reporting that they found Atrium’s manufacturing, packaging and storing of the C-QUR mesh products violated federal safety standards. There were complaints about human hairs being found in what was supposed to be sterilized mesh, and numerous complaints about infections. C-QUR surgical mesh was also coated, like Physiomesh – but their unique coating was made of a fish oil substance. This coating led to serious adhesion complications and infections.

In 2015, the FDA issued a permanent injunction against Maquet, of which the subsidiary Atrium is the manufacturer of the C-QUR hernia mesh device and a federal judge in the District of New Hampshire approved the injunction. This action prevented Atrium from making or selling the C-QUR mesh. This injunction does not prevent a doctor form implanting the hernia mesh device. Patients continued to have the device implanted and many continued to suffer adverse effects from the defective device.

If you have suffered from any of these symptoms or conditions, you may have had to receive treatment by way of additional surgeries, mesh removal, blood transfusions, IV therapy or the drainage of blood hematomas or abscesses.

Which companies manufacture surgical mesh?

Though Physiomesh and C-QUR are currently the subject of lawsuits, there are multiple companies facing lawsuits for defective mesh products:

  • Atrium: C-QUR Edge Mesh V-Patch, C-QUR Lite Mesh V-Patch, C-QUR Mesh, C-QUR Mosaic, C-QUR OVT Mesh, C-QUR RPM Mesh, C-QUR TacShield, C-QUR V-Patch,
  • Bard: 3DMax Mesh, Composix E/X Mesh, PerFix Mesh, Sepramesh IP Composite Mesh, Ventralex Patch, Ventralex ST Mesh
  • Covidien: Parietex Composite Mesh, Parietex ProGrip Mesh, Parietex Surgical Mesh
  • Ethicon: Physiomesh Flexible Composite Mesh

As of right now, there are more than 700 multi-district litigation (MDL) cases currently pending.

How our defective medical device attorneys can help you

If you have suffered an injury from a surgical mesh implant and you want to file a personal injury claim, you may be entitled to both economic and noneconomic losses, such as lost wages, medical bills, and pain or suffering. Consulting with a skilled Oklahoma City defective medical device attorney will give you the opportunity to tell your story and receive legal guidance as to what next steps make sense given the facts of your case.

In Oklahoma, the statute of limitations dictates that the claim must be filed within two years of the injury, but this does not mean you must file within two years of the surgery. Because the side effects often take time to develop, you can start pursuing damages within two years of discovering the injury exists.

Our injury attorneys are here to fight for justice on your behalf when you have suffered an injury from a defective medical device. We fight for fair compensation for you and you never have to worry about legal fees because we take cases on contingency. If we do not recover compensation for you, you

Call on a skilled Oklahoma City defective product attorney right away

Have you sustained serious injuries because of defective hernia mesh? You may call on the experienced Oklahoma City defective medical device attorney team at Cunningham & Mears. We offer free initial consultations, and are proud to serve individuals and families across the Oklahoma City area. You can reach us at 405-232-1212 or by filling out our contact form.

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