A man has filed a legal claim against Atrium Medical Corp. and its related companies, alleging he suffered personal injury after his hernia mesh surgery.

Plaintiff Elbern B. says he underwent surgical repair of an umbilical hernia in 2010 in a North Carolina hospital. During his surgery, C-QUR Mesh was used to repair his hernia.

Two years later, Elbern returned to the hospital complaining of abdominal pain. After he underwent CT of his abdomen, a partial bowel obstruction was found in the area where he had previously had the hernia mesh surgery.

The following month, Elbern underwent a colonoscopy and upper endoscopy which revealed a hiatal hernia.

In 2014, Elbern says, he underwent surgery for adhesions to the abdominal wall. He was admitted to the hospital two months later where they found a small bowel obstruction that was caused by adhesions.

Plaintiff: Complications Created Need for More Hernia Mesh Surgery

“Upon information and belief, [Elbern] has now been advised by his surgeon that due to complications caused by the C-QUR Mesh, it needs to be removed, but the procedure is considered very dangerous,” the hernia mesh surgery lawsuit states.

Elbern’s current surgeon says he is reluctant to perform any further surgery due to the nature of the complications Elbern has already suffered.

The hernia mesh lawsuit also states that Elbern suffers from chronic pain on a daily basis and has been advised to seek treatment from a pain management clinic.

According to Elbern, “Defendants’ C-QUR Mesh was defectively designed and/or manufactured, was not reasonably safe for its intended use and hernia repair, and the risks of the design outweighed any potential benefits associated with the design.”

Elbern’s hernia mesh lawsuit lays out  a long list of complications that are allegedly associated with use of the C-QUR Mesh:

“As a result of the defective design and/or manufacture of the C-QUR Mesh, there was an unreasonable risk of severe adverse reactions to the measure mesh components including: chronic pain; recurrence of hernia; foreign body response; rejection; infection; inadequate or failure of incorporation/ingrowth; scarification; improper wound healing; excessive and chronic inflammation; allergic reaction; adhesions to internal organs; erosion; abscess; fistula formation; granulomatous response; seroma formation; nerve damage; tissue damage and/or death; and other complications, including, the inability to remove C-QUR Mesh absent serious injury or death.”

The hernia mesh product contains a Omega 3 coating not used in any other hernia mesh products. Elbern alleges that this coating “prevents tissue from incorporating into the mesh, leading to encapsulation, deep formation, scarification and contraction, migration, erosion and rejection.”

The lawsuit states the Omega 3 coating also causes formation of seroma, provides a “breeding ground for infection,” prohibits bacteria from being eliminated due to the body’s natural immune system response, and ends up causing adhesions to the viscera.

Elbern has brought forth a number of claims against the defendants including defective manufacture, defective design or formulation, failure to warn, negligence, and reckless and wanton conduct.

He also argues for tolling of any applicable limitations period due to fraudulent concealment, and he makes a case for assessing punitive damages against the defendant.

The plaintiff is seeking compensatory damages for past, present, and future damages including pain and suffering, mental pain and suffering, loss of enjoyment of life, health and medical costs, past and future lost earnings and earning capacity, punitive damages, attorneys’ fees and costs, prejudgment interest, and any additional relief as deemed proper by the Court.

The Hernia Mesh Surgery Lawsuit is Case No. 1:17-cv-00029-MR-DLH in the U.S. District Court for the Western District of Carolina.