Atrium Medical Corp., manufacturers of the C-Qur hernia mesh, face a recent C-Qur mesh lawsuit joining a growing multidistrict litigation (MDL) being filed against them.

Plaintiff Wendy P. files the C-Qur mesh lawsuitin New Hampshire federal court. The lawsuit was filed on July 20, 2018.

Wendy, a resident of the state of New York, says that she was implanted with the C-Qur mesh on Dec. 4, 2013 at Sisters of Charity Hospital in Buffalo, N.Y. However on Dec. 17, 2015, according to the C-Qur mesh lawsuit, she had the product removed due to adverse side effects she suffered.

Wendy says that she has “suffered past, present, and future physical pain and suffering, emotional distress, inconvenience, disfigurement, and permanent disability.” She is hoping to “recover past, present, and future medical expenses, loss of earnings, and earning capacity.”

She claims that she has endured multiple surgical procedures, including the removal of the C-Qur mesh, and may have to undergo additional future procedures and surgeries.

The C-Qur mesh lawsuit was filed on multiple counts including negligence, design defect, manufacturing defect, failure to warn, defective product, breach of express warranty, breach of implied warranty, fraudulent concealment, constructive fraud, negligent misrepresentation, negligent infliction of emotional distress, violation of consumer protection laws, and gross negligence, among others.

Wendy demands a trial by jury.

C-Qur Mesh Usage

Mesh products are used in surgeries for a number of repairs. Most commonly, the product is used for hernia repair. Mesh may also be used in pelvic procedures, such as in treatment of pelvic organ prolapse (POP) or stress urinary incontinence (SUI).

According to the U.S. Food and Drug Administration (FDA), a hernia is the result of connective tissue or muscle tissue pushing through an organ. It can be caused by a variety of factors such as the lifting of heavy objects; diarrhea; obesity; constipation; and coughing/sneezing excessively. Most commonly, a hernia occurs at the abdominal wall from increased pressure on the abdomen.

Other types of hernia occur at the abdominal/ventral wall; at the inner groin, known as an inguinal hernia; at an incision made in the abdomen, known as an incisional hernia; at the navel, called an umbilical hernia; and inside the abdomen, known as a hiatal hernia.

Oftentimes, to repair the hernia and speed healing, a mesh product is used.  In Wendy’s case, however, the mesh allegedly caused more harm than good.

Wendy’s claim is filed as part of an MDL centered on allegations that the Atrium C-Qur hernia mesh product causes severe side effects and internal complications such as bowel obstruction, mesh migration, mesh shrinkage, oxidation, and high potential for breakage.

Problems with C-Qur Mesh Composition

The issue with the C-Qur hernia mesh, it seems, is in part due to its biological incompatibility. The side effects result as the body is unable to accept the hernia mesh, which then causes a severe allergic reaction.

C-Qur mesh is made with a polypropylene coating made of Omega-3 oil. While its purpose was to help prevent the mesh from attaching to the body’s tissues, this is not always the case, instead causing other serious issues and injuries. In fact, patients who have been implanted with the hernia mesh have said that they have seen discoloration, swelling, and tenderness surrounding the implant, among other complications due to the product’s defective nature.

Thousands of lawsuits have been filed against manufacturers of hernia mesh devices, and there have been notable verdicts and settlements already. In fact, companies have paid more than $1.1 billion in hernia mesh settlements. Currently, many of the lawsuits are consolidated under two MDLs that can help expedite and pave the way for victims of hernia mesh injuries to obtain damages and recoveries.

The C-QUR Mesh Lawsuit is Case No. 1:18-cv-00648-LM, in the U.S. District Court for the District of New Hampshire. The Hernia Mesh MDL is In re: Atrium Medical Corp., C-Qur Mesh Products Liability Litigation, MDL No 2753, in the same court.