By Heba Elsherif  |  November 15, 2017

Category: Legal News

infection-from-open-heart-surgeryPlaintiff Michael G. has filed a hernia mesh complications lawsuit in New Hampshire federal court against Atrium Medical Corporation, the manufacturers of his hernia mesh.

According to the hernia mesh complications lawsuit, the product that was implanted in Michael was a C-Qur Hernia Mesh. Michael was implanted with the product at Dayton VA Medical Center in April 2010. Due to onset of significant complications, he had to have the mesh taken out in May 2013.

Michael’s complaint describes the hernia mesh complications he suffered. He says he had to deal with “[m]esh migration and failure (mesh pulled away) resulting in the recurrent herniation of bowel contends through the mesh, fat necrosis encompassing the mesh, and significant pain, necessitating mesh removal.”

The counts brought against Atrium include the following: 1) Negligence; 2) Strict Liability- Design Defect; 3) Strict Liability- Manufacturing Defect; 4) Strict Liability- Failure to Warn; 5) Strict Liability- Defective Product; 6) Breach of Express Warranty; 7) Breach of Implied Warranties of Merchantability and Fitness of Purpose; 8) Fraudulent Concealment; 9) Constructive Fraud; 10) Discovery Rule, Tolling and Fraudulent Concealment; 11) Negligent Misrepresentation; 12) Negligent Infliction of Emotional Distress; 13) Violation of Consumer Protection Laws; 14) Gross Negligence; 15) Unjust Enrichment; and 16) Punitive or Enhanced Compensatory Damages.

The plaintiff requests a trial by jury.

Hernia Mesh Complications Lawsuit Joins MDL

Michael’s claim is filed as part of a large multidistrict litigation, or MDL, centered on allegations that the hernia mesh product causes adverse effects and complications.

Some of the adverse effects that occur due to an implantation of a hernia mesh product may include pain, swelling, bacterial infections, adhesions, obstructions, and additional surgeries to treat hernia recurrence.

Hernia Mesh Product Facts

The C-Qur hernia mesh is used as a patch to help repair hernias. A hernia occurs when there is a bulge of an organ or tissue through an abdominal opening. It results when there is a weakened section in the muscle or tissue that usually holds the organ in place.

According to Atrium Medical’s website, the C-Qur hernia mesh can be used for, “hernia repair, chest wall reconstruction, traumatic or surgical wounds, and other fascial surgical intervention procedures requiring reinforcement with a non-absorbable supportive material.”

The C-Qur mesh combines a polypropylene mesh with an Omega-3 gel coating. This Omega-3 fatty acid coating is derived from a “highly purified pharmaceutical grade fish oil consisting of a unique blend of triglycerides and Omega 3 fatty acids.”

But according to plaintiffs who have suffered hernia mesh complications, the polypropylene mesh is biologically incompatible with human tissue. This incompatibility allegedly stimulates an immune response that contributes to the degradation of the polypropylene mesh and the body’s surrounding tissue.

In addition to the immune response, plaintiffs claim, the hernia mesh product also has a tendency to fragment and degrade within the body.

Michael’s Hernia Mesh Complications Lawsuit is Case No. 1:17-cv-00514-LM and is part of the 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.

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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