A man has filed a hernia mesh lawsuit within the Atrium C-Qur mesh MDL against Atrium Medical Corporation, Maquet Cardiovascular US Sales, LLC and Getinge AB after suffering injuries following his hernia repair.

Plaintiff Torvell H., an Ohio resident, states in his Atrium C-Qur mesh lawsuit that he underwent surgery in March 2015 for an incarcerated de novo ventral hernia. The Atrium C-Qur mesh was used in this operation. Just three days later, he had a second surgery for a ventral incisional hernia which was also repaired with C-Qur mesh.

A couple of months later, Torvell ended up back in the hospital for another surgery, this time due to a mesh infection. “As a result of the implantation of the mesh, Torvell [H.] has suffered injuries, extreme pain, lost wages, incurred medical expenses, and otherwise been damaged. He is still having complications that may upon information and belief result in subsequent surgeries,” the lawsuit within the Atrium C-Qur mesh MDL states.

The complaint goes on to state that the mesh was defectively designed and/or manufactured and was not reasonably safe for its intended use in hernia repair.

“As a result of the defective design and/or manufacture of the C-QUR mesh, 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; scarification; improper wound healing; excessive and chronic inflammation; allergic reaction; adhesions to internal organs; erosion; abscess; fistula formation, granulomatous response; seroma formation; nerve damage; tissue damage and/or death; and other complications,” the lawsuit reads.

The mesh product that was implanted in Torvell consisted of polypropylene with an Omega 3 gel coating made from fish oil. According to the lawsuit, this type of coating is not used with any other hernia mesh product on the market. The coating was designed to reduce inflammation and to prevent or minimize adhesion as well as to facilitate the mesh being incorporated into the body, but according to the lawsuit it was apparently unsuccessful.

Instead, Torvell’s claim states, “the Omega 3 coating prevented adequate incorporation of the mesh into the body and caused an intense inflammatory and chronic foreign body response resulting in an adverse tissue reaction including damage to surrounding tissue in the form of sclerotic, granulomatous and/or fibrotic tissue and proper healing.”

Additionally, the Omega 3 coating prevents fluid from escaping, and this leads to the formation of seromas that can develop into an infection or an abscess. The coating also “provides an ideal bacteria breeding ground in which the bacteria cannot be eliminated by the body’s immune response, which allows the infection to proliferate,” the hernia mesh lawsuit notes.

Once the Omega 3 coating wears off, according to the complaint, the polypropylene mesh becomes exposed, and can then adhere to organs, cause fistulas to form, and cause incarceration of organs.

Torvell has brought forth a number of allegations in his case that he has filed within the Atrium C-Qur Mesh MDL including strict products liability for defective manufacture, defective design and failure to warn, negligence, gross negligence, and fraudulent concealment.

The plaintiff is seeking relief in terms of compensatory damages for pain, suffering and personal injuries, mental pain of suffering, loss of enjoyment of life, past and future medical costs, economic damages related to lost earnings, attorneys’ fees and costs, prejudgment interest and any additional relief as deemed proper by the Court.

The Atrium C-Qur Lawsuit is Case No. 1:17-cv-00214-LM and is part of the Atrium C-Qur 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.

Filing a Lawsuit in the Atrium C-Qur Mesh MDL

Due to the number of lawsuits against the makers of Atrium C-Qur mesh bearing similar allegations, the Judicial Panel on Multidistrict Litigation established a multidistrict litigation (MDL) in order to handle the cases. At the last count, a total of 27 cases are pending in the MDL.

The consolidation of these lawsuits into the Atrium C-Qur mesh MDL allows for resources to be conserved, such as time and money, and allows for pretrial discovery to take place in a central location filed in a single court under a single judge.

If you or a loved one has suffered injury after having been implanted with Atrium C-Qur mesh, you may be able to file a hernia mesh lawsuit in the pending Atrium C-Qur mesh MDL. An experienced attorney familiar with the allegations against Atrium can provide you with a free case review and consultation so you can explore your legal options.