An Idaho couple alleges in a lawsuit that defective hernia mesh implanted during ventral hernia repair surgery caused severe injuries, ultimately requiring removal of the mesh.
According to the lawsuit, the husband, plaintiff Robert G., was implanted with Ethicon Proceed Surgical Mesh in Oct. 2010. He says he began experiencing discomfort, including nausea, abdominal pain, and vomiting in July of 2017. The Ethicon Proceed Surgical Mesh caused bowel obstructions, says the lawsuit, requiring the removal of a portion of the mesh.
“Defendants’ Proceed was defectively designed and/or manufactured, was not reasonably safe for its intended use in hernia repair, and the risks of the design outweighed any potential benefits associated with the design,” allege the plaintiffs in their complaint.
“As a result of the defective design and/or manufacture of the Proceed, there was an unreasonable risk of severe adverse reactions to the mesh or mesh components including: chronic pain; recurrence of hernia; foreign body response; rejection; infection; inadequate or failure of incorporation/ingrowth; migration; scarification; deformation of mesh; improper wound healing; excessive and chronic inflammation; adhesions to internal organs; erosion; abscess; fistula formation; granulomatous response; seroma formation; nerve damage; tissue damage and/or death; and other complications.”
Ethicon Proceed Surgical Mesh has a unique design, according to the lawsuit, incorporating a layer of oxidized regenerated cellulose (ORC) over a layer of polydioxanone, which in turn coats a polypropylene mesh. Johnson & Johnson marketed the mesh as preventing or minimizing the risk of adhesion and inflammation; however, the plaintiffs claim this design actually increases this risk.
“The ORC layer of the Proceed has a tendency to delaminate from the other layers of the mesh, resulting in an air pocket, which leads to the formation of a seroma as the body fills the air pocket with fluid,” states the complaint.
“Seroma formation increases the risk of infection, abscess formation and other complications. When affixed to the body’s tissue, the impermeable multi-layer coating of the Proceed prevents fluid escape, which leads to seroma formation, and which in turn can cause infection, abscess formation and other complications. The multi-layer coating provides a breeding ground for bacteria in which the bacteria cannot be eliminated by the body’s immune response, which allows infection to proliferate.”
The hernia mesh lawsuit alleges counts of defective manufacture, defective design, failure to warn, negligence, and loss of consortium.
The hernia mesh lawsuit alleges that Johnson & Johnson failed to warn the plaintiff and his physician about the increased risk of Ethicon Proceed Surgical Mesh. The plaintiff says that he has and will continue to suffer severe medical complications from the mesh. He says that his medical bills related to the Ethicon Proceed Surgical Mesh already exceed $80,000. Additionally, his wife alleges that she suffered loss of companionship, affection and support as a result of her husband’s medical injuries.
If you or a loved one have suffered side effects from Ethicon Proceed Surgical Mesh, you may qualify for a free legal consultation. Filing a claim over hernia mesh complications can lead to compensation for medical expenses, lost earning capacity, pain and suffering, and other losses.
The Ethicon Proceed Surgical Mesh Lawsuit is Case No. 1:18-cv-00111-BLW in United States District Court District of Idaho.
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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