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A hernia surgery patient has filed suit against both Davol Inc. and parent company C.R. Bard Inc. after experiencing inguinal hernia mesh side effects. Plaintiff, Jose V. registered his legal claim in U.S. District Court for the Southern District of Ohio, Eastern Division.
Jose, a Pennsylvania resident, says he experienced right inguinal hernia mesh side effects secondary to a repair conducted Dec. 1, 2012. The surgery was undertaken at Albert Einstein Medical Center in Philadelphia, according to the inguinal hernia mesh side effects lawsuit. Jose says his hernia was repaired by the implantation of a PerFix Plug, a product of the named defendants.
A little over four years later on Dec. 8, 2016, Jose says he had the device removed by the same physician at the same medical facility. Despite the removal of the PerFix Plug, the complainant claims that he expects further inguinal hernia mesh side effects or complications that will need to be addressed in subsequent surgeries.
The PerFix Plug is purportedly made up of multiple layers of polypropylene mesh which, according to the manufacturers, is inert. But Jose counters that a growing body of data has demonstrated that the material is instead seen by the body as a foreign invader and provokes an immune response for a number of recipients.
Those patients experience inguinal hernia mesh side effects like Jose because the immune system causes the polypropylene to break down and contract, he claims. This process can severely affect the tissue around the implant.
According to the narrative of Jose’s lawsuit, the PerFix Plug is made up of several layers of polypropylene mesh. He says the U.S. Material Safety Data Sheet (MSDS) was careful to warn all users of the polypropylene that it was not suitable for permanent contact with human tissues and fluids. Nevertheless, the product was made with this material.
The warning allegedly was not passed on to the professional medical community or the consuming public, according to the case narrative. Polypropylene mesh has been reported to contract in the body up to 90 percent, causing all kinds of inguinal hernia mesh side effects.
Jose is bringing several causes of action against the defendants for the pain and suffering he experienced and continues to endure unnecessarily. These causes include Strict Liability—Manufacturing Defect, Strict Liability—Design Defect, Strict Liability—Failure to Warn, Negligence, Breach of Implied Warranty, Negligent Infliction of Emotional Distress, Fraudulent Concealment, and Negligent Misrepresentation.
The complainant seeks compensatory damages for all physical and emotional damage as well as economic suffering. He asks for the assessment of punitive damages against the defendants and a return of all court and attorney fees associated with the action as well.
This claim joins other cases consolidated in this district whose plaintiffs are seeking redress for grievances related to the implant of polypropylene hernia mesh products under Multidistrict Litigation (MDL) No. 2846.
The PerFix Plug Lawsuit is Case No. 2:18-cv-01583-EAS-KAJ in U.S. District Court for the Southern District of Ohio, Eastern Division.
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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