On Sept. 13, 2017, a new C-Qur mesh complications complaint was added to multidistrict litigation (MDL) No. 2753 against Atrium Medical Corporation, Maquet Cardiovascular U.S. Sales, LLC, and Getinge AB, related companies involved in the research, manufacturing, and production of C-Qur mesh products used in hernia repair.

The short-form complaint was filed by plaintiff Ronnie D., a citizen and resident of the state of California.

This C-Qur mesh complications complaint was based upon the plaintiff’s experience of having the C-Qur mesh product implanted and explanted in a little over three years. Ronnie was implanted with the mesh on Sept. 12, 2012 and was explanted of the same mesh on Sept. 29, 2015.

Both surgeries took place at Oroville Hospital in Oroville, Calif. His C-Qur mesh was intended to be a permanent implant.

According to the information available in the C-Qur mesh complications short-form complaint, Ronnie experienced infections, bowel obstructions, adhesions, bleeding, abscess and the pain and suffering involved in what should have been an unnecessary second removal surgery.

The plaintiff in this C-Qur mesh complications complaint is bringing several but not all of the counts against the defendants as listed in the master long-form of the MDL. Ronnie’s complaint includes the following:

Count One –Negligence; Count Two –Strict Liability, Design Defect; Count Three –Strict Liability, Manufacturing Defect; Count Four –Strict Liability, Failure to Warn; Count Five –Strict Liability, Defective Product; Count Six –Breach of Express Warranty; Count Seven –Breach of Implied Warranty of Merchantability and Fitness of Purpose; Count Eight –Fraudulent Concealment; Count Nine –Constructive Fraud; Count Ten –Discovery Rule, Tolling, and Fraudulent Concealment; Count Eleven –Negligent Misrepresentation; Count Twelve –Negligent Infliction of Emotional Distress; Count Thirteen –Violation of Consumer Protection Laws; Count Fourteen –Gross Negligence; Count Fifteen –Unjust Enrichment; Count Seventeen –Punitive or Enhanced Compensatory Damages.

Ronnie D. Jr. is asking for a trial by jury in his C-Qur mesh complications complaint with a favorable judgment on his behalf.

This favorable judgment would include compensatory damages for mental and physical pain and suffering past, present and future as well as financial setbacks in lost wages, and medical bills, past, present, and future. He is also asking for all attorney’s fees and court costs to be returned to him.

C-Qur Mesh Complications and Allegations

On March 31, 2006, the C-Qur mesh was approved to go to market by the Federal Food and Drug Administration as a result of the defendant’s efforts proving substantial equivalence to mesh products already on the market.

This process is part of the FDA’s 510(k) approval system, a short-cut process that makes it unnecessary to provide clinical testing or lengthy data. Effectiveness and safety of the product is implied by virtue of its similarity to already-approved products.

C-Qur is made with polypropylene mesh which, according to the lawsuit narrative, has been shown scientifically to be incompatible biologically with the tissues of the human anatomy and encourage adverse immune response.

In addition, there is a blend of Omega 3 Fatty Acid Fish Oil providing a coating on the polypropylene mesh. This coating has been known to produce extensive allergic reactions and add to the foreign body immune response that can already occur with the material of which the mesh is constructed.

The C-Qur mesh complications lawsuit is Case No.1:17-cv-00186-LM in the U.S. District Court for the District of New Hampshire. This case is part of MDL No. 2753.