A C-Qur hernia mesh lawsuit has been filed in New Jersey federal court against Atrium Medical Corp. in the multidistrict litigation against the company. This C-Qur hernia mesh lawsuit joins nearly 30 others that are currently pending against the product manufacturer

Plaintiff Deborah T. is a Florida resident who has brought forth legal action against Atrium Medical Corporation, Maquet Cardiovascular U.S. Sales, LLC and Getinge AB following complications related to her C-Qur hernia mesh V-Patch.

The C-Qur patch, implanted in October 2013, had to be explanted less than two years later in March 2015, due to complications including abscess, debridement of necrotic skin, adhesions and small bowel resection.

C-Qur hernia mesh is essentially used as a patch to surgically repair hernias. A hernia occurs when there is a weak spot in tissue or muscle that typically holds an organ in place, and when weakness occurs, the organ can bulge out into an area where it does not belong.

A common type of hernia occurs when the intestines break through an area of the abdominal wall. Hernias can also appear in the upper thigh, groin area, umbilical area or in the upper stomach and esophagus area.

The material in the C-Qur hernia mesh is made out of polypropylene. “Despite claims that this material is inert, a substantial body of scientific evidence shows that this mesh material is biologically incompatible with human tissue and promotes [an] immune response in a large subset of the population receiving Defendants’ Products,” the lawsuit states.

The C-Qur hernia mesh lawsuit goes on to state that “this immune response promotes a degradation of the polypropylene mesh, as well as the surrounding tissue, and can contribute to the formation of severe adverse reactions to the mesh.” In addition to being made of polypropylene, this particular mesh is also coated with Omega 3 Fatty Acid Fish Oil which the plaintiff states can cause additional allergic reactions.

In addition to the materials potentially causing immune and allergic responses, the hernia mesh lawsuit states that they are also structural issues with the design of the product which causes the mesh to shrink or contract once it is implanted in the body.  This shifting can cause the surrounding tissue to become fibrotic and also contract.

Moreover, the mesh has a tendency to degrade and fragment inside the body which leads to chronic inflammatory and fibrotic reactions, the C-Qur hernia mesh lawsuit states.

The plaintiff has raised a number of counts against the manufacturers including negligence, strict liability for design defect, manufacturing defect and failure to warn, defective product, breach of express warranty, breach of implied warranties of merchantability and fitness of purpose, fraudulent concealment, constructive fraud, discovery rule, tolling and fraudulent concealment, negligent misrepresentation, negligent infliction of emotional distress, violation of consumer protection laws, gross negligence and unjust enrichment.

Deborah is seeking compensatory damages for past, present and future damages related to pain and suffering from the C-Qur hernia mesh, permanent impairment, mental pain and suffering, loss of enjoyment of life, past and future health and medical care costs, economic damages including lost earnings and earning capacity, restitution and disgorgement of profits, punitive or enhanced compensatory damages, attorneys’ fees and costs and any additional relief deemed just and proper by the court.

The C-Qur Hernia Mesh Lawsuit is Case No. 1:17-cv-00327, and is part of the C-Qur 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.