A new lawsuit has been filed in the U.S. District Court on July 5, 2018, after a woman experienced symptoms and signs of hernia mesh failure.

The plaintiff, Danielle L., a citizen and resident of the State of Georgia, filed her lawsuit in the District of New Hampshire and joins several other litigants claiming that they too had signs of hernia mesh failure with Atrium C-Qur mesh products. Product liability cases have been funneled to this federal district under Multidistrict Litigation (MDL) No. 2753.

According to the short-form complaint filed by Danielle—which accompanies the master long form of the MDL—she was implanted with the Atrium C-Qur Edge hernia mesh in Douglas, Ga. on Sept. 6, 2012. The surgery was performed at Coffee Regional Medical Center by Dr. Charles A. Bagwell.

During the next seven months, the complainant says she experienced debilitating symptoms and signs of hernia mesh failure that included severe abdominal pain coupled with adhesions.

Adhesions are a type of internal “gluing” of organs and other soft tissue covered in membranes that happens as a consequence of traumatic injury and inflammation. When adhesions develop around the gastrointestinal tract, bowel functions can become compromised.

Danielle says she returned to Coffee Regional Medical Center in the face of these unremitting symptoms and signs of hernia mesh failure to have the Atrium C-Qur Edge product removed on April 12, 2013.

The procedure was again performed by Dr. Bagwell and, according to the short form complaint, he had to repair the injury a second time with sutures because of the evident signs of hernia mesh failure when Danielle was surgically opened up.

The plaintiff is bringing forward into her individual case 16 counts against defendants Atrium Medical Corporation, Maquet Cardiovascular U.S. Sales LLC, and Getinge AB. These include but are not limited to:

• Strict Liability: Design Defect, Manufacturing Defect, Defective Product, and Failure to Warn
• Breach of Express Warranty and Implied Warranties of Merchantability and Fitness of Purpose
• Fraudulent Concealment, Negligent Misrepresentation, and Constructive Fraud

As with other product liability litigants under MDL No. 2753, Danielle is asking for a trial by jury with a favorable compensatory award on her behalf. She hopes for due consideration for her pain and suffering, economic damages including lost wages and medical care, and attorney and court costs.

C-Qur Mesh Products

According to the MDL, C-Qur Mesh Products are made from polypropylene and coated in an Omega 3 fatty acid gel which is unique to hernia repair products. They were intended to be permanently implanted in the human body and the coating was advertised as necessary to prevent adhesions and inflammation.

The Omega 3 coating purportedly had the opposite effect in a significant number of recipients. It prevented the mesh from being incorporated into the body and became a surface upon which bacteria could breed. Common signs of hernia mesh failure include infection, rejection, foreign body response, allergic reaction, and chronic unrelenting pain.

The Signs of Herni Mesh Failure Lawsuit is Case No. 1:18-cv-00609 in the U.S. District Court for the District of New Hampshire.