A plaintiff, Mary W., files a products liability litigation in New Hampshire federal court alleging of adverse effects suffered after becoming implanted with a C-Qur Mesh, manufactured by Atrium Medical Corporation.

According to the C-Qur hernia mesh lawsuit, Mary, a resident of the state of Indiana, was implanted with the manufacturers C-Qur Mesh in March 2010. However, it was only a few months later, in May 2010, wherein she had the product removed.

She states in her suit that she had the product implanted at St. Mary Medical Center in Evansville, Ind. Thereafter, according to the C-Qur hernia mesh lawsuit, she “suffered infection resulting in a revision surgery of the C-Qur device.”

Mary’s claims against the defendant include but are not limited to the following: Negligence, Strict Liability-Design Defect, Strict Liability-Manufacturing Defect, Strict Liability- Failure to Warn, Strict Liability- Defective Product, Breach of Express Warranty, and Negligent Misrepresentation.

The plaintiff demands a jury by trial.

C-Qur Hernia Mesh Lawsuit Facts

Mary’s claim is filed as part of a large multidistrict litigation, or MDL, centered on allegations that the allegedly defective hernia mesh product causes adverse effects and complications including pain, swelling, bacterial infections, adhesions, obstructions, and additional surgeries to treat hernia recurrence.

According to the C-Qur hernia mesh lawsuit, the U.S. Food and Drug Administration had approved the product in March 2006. The device, however, was approved through the FDA’s 510(k) process, a fast track approval program. Through this process, manufacturers are able to get their device approved if they can show that a device is “substantially equivalent” to one that is already approved and sold on the market.

Like other hernia mesh products the C-Qur is particularly prescribed for ventral and inguinal hernia repair. It can, however, also be used for traumatic and reconstructive purposes as well.

After this approval, the C-Qur hernia mesh became extremely popular. However, other adverse complications were reported, which have included infections, abdominal pain, removal surgery, among other problems.

Some of these adverse effects and complications result from the substance the product is made of, which uses an Omega 3 Fatty Acid Gel (O3FA) that forms the exterior layer of the device.

However, this combination of fish oil is what allegedly causes a multitude of different allergic reactions to occur. Moreover, the fish oil gel, which contains remnants of fish proteins, become very insoluble in heat. This may be what causes other injuries, as the mesh can then adhere to organs.

The allegations against Atrium assert that the corporation failed to satisfy its obligation to warn patients of adverse effects and complications that may result in patients becoming implanted with a C-Qur Mesh.

The C-Qur Hernia Mesh Lawsuit is Case No. 1:17-cv-00441-LM, and is part of the Hernia Mesh MDL, In re: Atrium Medical Corp. C-Qur Mesh Products Liability Litigation, MDL No. 2753, in the U.S. District Court for the District of New Hampshire.