By Amanda Antell  |  November 8, 2017

Category: Legal News

hernia surgeryAtrium Medical Corporation is facing a growing multidistrict litigation from patients alleging the company failed to warn against complications associated with its C-Qur hernia repair mesh. One of the most recent hernia mesh lawsuits comes from a Michigan man, alleging serious C-Qur mesh complications.

Plaintiff Dirk K. claims Atrium either knew or should have known about potential C-Qur mesh complications, yet failed to issue adequate warnings. According to the hernia mesh lawsuit, Dirk had the C-Qur hernia mesh device implanted for typical treatment purposes on Dec. 2, 2014.

The device was not even in place for a month before serious C-Qur mesh complications occurred, with Dirk undergoing revision surgery on Dec. 11, 2014 to have the hernia mesh product removed.

Dirk says his acute reaction may be linked with the device’s Omega 3 fatty acid coating, which is supposed to make the device safe for implantation. However, this fatty acid is commonly associated with allergic reactions, with Atrium allegedly failing to adequately verify that their omega fatty acid coating was free of proteins that would cause harmful reactions.

Like many other hernia mesh products, the C-Qur hernia mesh was approved through the FDA’s 510(k) process. Under this provision, a medical device can enter the market as long as it proves to be “substantially equivalent” a similar product already on the market. This means that the typical pre-clinical research and trials typically required for patient use were not required for the C-Qur.

Overview of C-Qur Mesh Complications

Hernia mesh products have been used for hernia repair for over 50 years, and they have generally earned a reputation for being a safe and reliable medical product. However, recent injury reports describing C-Qur hernia mesh complications, as well as those of other hernia mesh products, have raised serious questions regarding how safe hernia mesh truly is.

Often, patients who suffer hernia mesh products have to undergo revision surgery to remove the defective mesh. Patients who believe they might be at risk for hernia mesh problems should be vigilant for any signs of infection including:

  • The incision site not properly healing
  • Heat coming form the incision site
  • Flu-like symptoms
  • Sudden dental problems
  • Chronic pain
  • Biofilm formation (organized colony of bacteria)

Many patients allege the hernia mesh product is unreasonably dangerous to patients, with the allegedly defective nature causing C-Qur mesh complications. The Atrium hernia mesh multidistrict litigation, or MDL, was set up to coordinate all federal C-Qur mesh lawsuits.

Patients who may have been impacted by C-Qur mesh complications may be eligible to join the growing MDL or file their own hernia mesh lawsuit. Dirk is filing his hernia mesh lawsuit in MDL No. 2753, where it will stand alongside other claims alleging similar claims.

By joining an MDL, Dirk’s claim will be streamlined through the litigation process and avoiding conflicting rulings from different judges. Dirk states he never would have opted for the hernia mesh product if he had known the risks of C-Qur mesh complications.

This Hernia Mesh Complications Lawsuit is Case No. 1:17-cv-00494-LM, 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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