A plaintiff, David W., filed an Atrium Hernia Mesh MDL products liability lawsuit in New Hampshire federal court purporting he suffered adverse side effects and complications after being implanted with a C-Qur Mesh. The hernia mesh lawsuit was filed against the manufacturers of the device, Atrium Medical Corporation.

According to the Atrium Hernia Mesh MDL lawsuit, David is a current resident of the state of Mississippi. He was implanted with the device in March 2015 and removed it in August 2015.

David alleges that after having the hernia mesh implanted, he suffered from serious complications such as “complete small bowel obstruction and infected mesh.  He also had complications with the mesh adhering to the intended location.

David filed the following counts against the defendant: 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) Loss of Consortium.

The plaintiff demands a trial by jury.

Atrium Hernia Mesh MDL

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

Some of the adverse effects suffered by victims include pain, swelling, bacterial infections, adhesions, obstructions, and additional surgeries to treat hernia recurrence.

According to the Atrium hernia mesh MDL, the hernia mesh product was approved by the U.S. Food and Drug Administration in March 2006. It was approved through the 510(k) process. This fast-track approval system allows product approval with the proof and demonstration that the device is “substantially equivalent” to other medical devices being sold on the market.

C-Qur Hernia Mesh

According to Atrium Medical’s website,  the C-Qur Mesh is intended for use in “hernia repair, chest wall reconstruction, traumatic or surgical wounds, and other fascial surgical intervention procedures requiring reinforcement with a non-absorbable supportive material.” The website describes the makeup of the C-Qur mesh, stating that it, “combines Atrium’s polypropylene mesh with an all-natural Omega 3 gel coating. The O3FA coating is derived from highly purified pharmaceutical grade fish oil consisting of a unique blend of triglycerides and Omega 3 fatty acids.”

However, it is alleged that the combination of fish oil is what may cause allergic reactions and complications suffered by patients. Allegedly the fish oil, which contains remnants of fish proteins, becomes very insoluble in oil causing an auto-immune reaction response in some patients.

The Atrium Hernia Mesh Lawsuit is Case No. 1:17-cv-00474, and is part of the Atriuim 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.