By Brigette Honaker  |  February 25, 2019

Category: Legal News

Close up of surgery equipmentA recent abdominal hernia mesh lawsuit claims that Johnson & Johnson and other manufacturers produced defective hernia mesh products.

Plaintiff Teresa M. alleges she underwent hernia repair surgery in April 2014 and the Proceed Ventral Patch Hernia Mesh was reportedly used by her surgeon. After the surgery, the North Dakota resident says she began to experience side effects including severe pain, hernia recurrence, nausea, chills, inflammation, loss of appetite, and stress/anxiety due to her condition.

In January 2015, less than a year after her original surgery, Teresa says she had the mesh removed. During her surgery, adhesions were allegedly encountered.

Teresa claims that the complications she experienced after surgery and continues to suffer from despite mesh removal were a direct result of the “defective” hernia mesh manufactured by Ethicon. Ethicon is a Johnson & Johnson subsidiary that designs and manufacturers mesh products.

The company’s website states: “Ethicon has been pioneering advances in hernia surgery to help restore patients back to their pre-hernia life. Our innovative value-led solutions are meant to provide strong and safe hernia repair and are designed for good long-term patient outcomes.”

However, the abdominal hernia mesh lawsuit claims that the company fails to live up to expectations with their Proceed Ventral Patch.

The Proceed Ventral Patch reportedly has multiple layers. From bowel side out, the order is as follows: Oxidized Regenerated Cellulose (ORC) barrier layer; Polydioxanone (PDS) film layer; Large pore polypropylene (Prolene soft mesh); PDS film layer; PDS reinforcing element; PDS ring; PDS film layer; Vicryl; and PDS film layer.

According to Teresa’s lawsuit, the ORC level of the abdominal hernia mesh will react and degrade when exposed to ethylene oxide (the traditional sterilization method for hernia mesh). In order to prevent the destruction of the mesh, the manufacturers allegedly use gamma radiation to sterilize the mesh. However, this process reportedly “degrades, weakens, and embrittles” the mesh.

“Decades before the release of the Ethicon Multi-Layered Hernia Mesh, Defendants were aware that polypropylene degrades, weakens, and embrittles when exposed gamma radiation,” the lawsuit claims. “The embrittled polypropylene of the Ethicon Multi-Layered Hernia Mesh increases its propensity to tear away from the securing devices, such as sutures or tacks.”

Teresa also claims that the manufacturers failed to consider medical concerns regarding polypropylene mesh. The medical community reportedly has had concerns about polypropylene being placed too close to the bowel for “decades”. When the material comes in contact with organs, it can allegedly form adhesions which can be painful and cause complications.

The manufacturers reportedly knew this but continued to market their hernia mesh as safe and effective.

“Despite significant evidence to the contrary, Defendants marketed the Proceed and its ORC layer as a tissue-separating barrier that would prevent adhesion formation from the underlying polypropylene to any nearby organs,” Teresa claims.

According to the U.S. Food and Drug Administration (FDA), there are a variety of treatment options for hernia mesh repair. Surgical options aim to repair the hole in the abdominal wall and can be completed with or without hernia mesh.

The Abdominal Hernia Mesh Lawsuit is Case No. 3:19-cv-00447-FLW-DEA in the Superior Court of New Jersey for Middlesex County.

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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