A couple from Lubbock, Texas have joined dozens of other plaintiffs who have filed a hernia mesh lawsuit against medical device manufacturer Ethicon in its home state of New Jersey.

Plaintiff Domingo G. and his spouse, Christina, claim severe injuries, economic hardship and loss of consortium as a result of the former’s hernia surgery, using the company’s “Prolene Hernia System Patch.” The lawsuit, filed at the end of December 2018, alleges negligence, defective design, breach of warranty and failure to warn on the part of defendant Ethicon.

Background of the Case

According to his complaint, Domingo was diagnosed with an inguinal hernia in April 2011. This is a condition that results when a section of the small intestine breaks through a weak spot in the wall of the lower abdomen. He states that in the months following his surgery with the product in question, he continued to suffer severe, chronic abdominal pain, suffering from recurrent infections. Eventually, Domingo says, a CT scan revealed complications that required removal of the mesh in February 2017.

Domingo’s hernia mesh lawsuit also claims that he has continued to suffer ongoing, physical pain as well as psychological distress, and will require ongoing medical treatments. All of this, he states, has resulted in an impaired ability to earn an income and has caused other financial losses. In addition, his wife Christina says her husband’s condition has put a strain on their marital relationship.

About the Prolene Hernia System

The cause of action in this hernia mesh lawsuit, the Prolene Hernia System, is a bi-layered mesh resembling two flat disks, joined by a short center column; essentially, it is a plug. According to the Ethicon website, the Prolene is the first such device “with low reported recurrence rate” and offers “reduced operative and recovery time” when compared with the more-commonly used “Lichtenstein” tension-free repair method.

The Prolene Hernia System is made from polypropylene plastic, a common material used for food containers. Several highly toxic chemicals are used in the manufacture of polypropylene, but it is not known to leech these chemicals into foods or liquids.

However, despite manufacturer claims, the product has a propensity for adhesion; scar tissue forms between tissues and organs that are not normally connected – for example, between the bowel and the abdominal wall. Tissues and blood vessels can also form and become entangled with the mesh, causing numerous complications.

Hernia Mesh Lawsuit Alleges Negligence

Like those of other plaintiffs, Domingo’s lawsuit against Ethicon claims that the Prolene Hernia System was defectively designed and “unreasonably dangerous.” He also states that safer alternatives were available at the time of his surgery. The complaint goes on to state that Ethicon is in breach of express (written) warranty, and that his decision to trust his surgeon’s choice was based on said information.

There is also the issue of implied warranty: according to Domingo, the very fact that the device was designed for implantation in the human body should have been assured of its safety and efficacy.

Domingo G.’s Hernia Mesh Lawsuit is Case No. 3:18-cv-17658-PGS-DEA, U.S. District Court for the District of New Jersey.