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Johnson & Johnson faces a Proceed mesh lawsuitfrom a plaintiff alleging that their Proceed surgical mesh is dangerous and not suited for implantation.
Plaintiff Demetrius H. filed his complaint against Johnson & Johnson and Ethicon Inc., alleging that their Proceed surgical mesh product caused serious injury.
In February 2015, Demetrius says he was implanted with the Proceed hernia mesh during a hernia repair surgery. After his surgery and implantation, he allegedly started to experience pain, infection, neuropathy, abscess, and intestinal blockage. He says that he then had to undergo a surgery where the Proceed mesh was removed from his body along with eight inches of his small intestine due to damage allegedly caused by the mesh.
The Proceed mesh is a lightweight polypropylene, which Demetrius argues is not inert or fit for human implantation. The Proceed mesh lawsuit argues that the mesh component can significantly degrade and weaken, resulting in shrinking, breaking, ripping, tearing, and contracting. These defects can allegedly result in a serious inflammation response.
The mesh has a resorbable coating made of oxidized regenerated cellulose fabric which was developed when creating the mesh. Demetrius claims that the coating is prone to delamination resulting in adhesions and fistulas. Even if the layer does not delaminate, the coating is allegedly ineffective at protecting the underlying organs. The Proceed mesh lawsuit argues that the design of the mesh greatly increases the ability of bacteria to adhere and proliferate. This can allegedly result in a higher risk of infection that is severe and difficult to treat.
The Proceed mesh lawsuit claims that the hernia mesh was “defective and unreasonably dangerous and not suitable for implantation in [Demetrius]”. The mesh can allegedly result in severe complications and injuries including foreign body reactions, pain, organ or tissue perforation, recurrence of re-herniation, chronic and severe inflammatory responses, allergic reactions, auto-immune responses, and more.
The Proceed mesh lawsuit claims that the manufacturers knew or should have known that their product was dangerous and did not warn patients and physicians. “The Defendants failed to use reasonable care to provide warnings, labels or instructions of the PROCEED Mesh’s dangerous propensities that were known or reasonably scientifically knowable at the time of distribution,” the Proceed mesh lawsuit states.
Demetrius argues that they manufacturers should have included warnings for the unusually high rate of infection, risks associated with design defects, organ perforation, bowel obstruction, seromas, fistulas, hernia recurrence, pain, and other complications. “Defendants failed to properly and adequately warn and instruct Plaintiff and Plaintiff’s treating physician that Defendants’ PROCEED Mesh was designed and/or manufactured in a way that could cause injuries and damages, including lasting and permanent injuries,” the Proceed mesh lawsuit states.
Demetrius accuses Johnson & Johnson of construction and composition defect, design defect, failure to warn, and breach of warranty. The Proceed mesh lawsuit seeks damages (for medical costs, lost earnings, and other economic harm), a trial by jury, court costs, and attorneys’ fees.
The Proceed Mesh Lawsuit is Case No. 5:18-cv-00131-BO in the U.S. District Court for the Eastern District of North Carolina.
Do YOU have a legal claim? Fill out the form on this page now for a free, immediate, and confidential case evaluation. The hernia mesh attorneys who work with Top Class Actions will contact you if you qualify to let you know if an individual lawsuit or class action lawsuit is best for you. [In general, hernia mesh lawsuits are filed individually by each plaintiff and are not class actions.] Hurry — statutes of limitations may apply.
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