A man has filed a lawsuit in New Hampshire federal court due to the alleged adverse effects he suffered after being implanted with a C-Qur Mesh V-Patch. The defendant facing the products liability litigation is Atrium Medical Corporation.
According to the C-Qur mesh complications lawsuit, the plaintiff, Robert O., a resident of California, was implanted with the product on July 24, 2012, at Kaiser Permanente Vacaville Medical Center.
The product implanted is a C-Qur Mesh V-Patch, and Robert files the products liability litigation because of alleged complications suffered.
However, the plaintiff later had the product removed on Aug. 28, 2015 due to complications resulting from abdominal pain and the hernia mesh allegedly balling up.
The counts against the defendant include but are not limited to the following: Negligence, Strict Liability, Breach of Express Warranty, Breach of Implied Warranties, Fraudulent Concealment, Negligent Misrepresentation, Gross Negligence, and Loss of Consortium.
The plaintiff demands a jury trial.
Robert’s claim is filed as part of a large multidistrict litigation, or MDL, centered on allegations that the allegedly defective hernia mesh products have caused patients severe adverse effects and complications. Although hernia repair surgeries have been in practice for more than 50 years, they have continued to cause side effects and lead to additional surgeries.
Some symptoms of hernia mesh complications include, and are not limited to: pain, swelling, obstructions, bacterial infections, hernia recurrence, adhesions, and additional surgeries to treat hernia recurrence.
According to reports, the C-Qur Mesh V-Patch was approved by the U.S. Food and Drug Administration in March 2006. It was, however, approved through the federal agency’s 510(k) fast-track approval program. Through this program, medical device manufacturers can approve their device by the FDA by showing that it is “substantially equivalent” to a device that is already on the market.
After Atrium’s approval of the mesh, it became widely popular. However, more problems have resulted than was expected through its use and implantation. Complications include reports of infections, wound problems, abdominal pain, removal surgery, and hernia recurrence.
According to the C-Qur mesh complications lawsuit, the C-Qur Mesh utilizes and uses a blend of Omega 3 Fatty Acid Fish Oil (O3FA) that forms that barrier of the product.
The plaintiff claims the fish oils cause a multitude of different allergic reactions to occur, and this is also particularly due to the fact that various remnants of fish that the fish oil is composed of is made of proteins. Since proteins are not very soluble in oils, they can cause allergic reactions.
The C-Qur mesh complications lawsuit states, “upon information and belief, defendants’ failed to adequately test, inspect, and/or verify that each supplied batch of O3FA was free from proteins.”
Hernia mesh lawsuits filed, which also includes that of Robert’s recent allegations against the manufacturers, include the following charges: 1) Failing to make a safer mesh product, 2) Defective instruction for surgeon use, 3) Failure to warn of probable complications associated with the product, 4) Misleading and inaccurate information about the safety of the mesh, 5) Failure to perform and conduct adequate research of the product.
Robert’s C-Qur Mesh Complications Lawsuit is Case No. 1:17-cv-00352 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 Court 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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