Johnson & Johnson’s Ethicon unit is resisting a bid to consolidate all federal lawsuits alleging injuries from its Physiomesh hernia patch into a multidistrict litigation (MDL) for pretrial handling.
Free Confidential Lawsuit Evaluation: If you or a loved one suffered complications after receiving a Physiomesh hernia patch, you should contact our law firm immediately. You may be entitled to compensation by filing a suit and our lawyers can help.
What’s the Problem?
April 19, 2017 – Ethicon filed a response (PDF) last week with the U.S. Judicial Panel on Multidistrict Litigation (JPML), after a group of plaintiffs asked that all federal Physiomesh patch lawsuits be centralized in a single jurisdiction for coordinated pretrial proceedings.
In the response, Ethicon argued that each of the Physiomesh lawsuits involve individualized facts, citing a wide range of injuries alleged by the plaintiffs.
“Here, individualized issues for each plaintiff will eclipse any purported common ones, making an MDL ineffective at narrowing claims and issues,” Ethicon stated in the response. “Although Plaintiffs may point to hernia recurrence as the common injury that binds these cases together, a closer look at the complaints shows a wide variety of alleged injuries, such as abdominal abscesses and intestinal fistula, bowel puncture, erosion and bowel resection, bowel adhesions, fistula and infection, and recurrent inguinal hernia.”
Although Physiomesh was only on the U.S. market from 2010 to May 2016, dozens of patients implanted with the hernia patch have filed lawsuits against Ethicon alleging painful and debilitating complications.
Problems linked to Physiomesh include adhesions, perforations, infections and mesh erosion. Many of these complications result in the need for painful revision surgery to remove the mesh after it has failed.
After failing to identify the cause of these problems, Ethicon decided to remove Physiomesh from the global market in May 2016. The move was classified as a “market withdrawal” in the U.S., but all hospitals were asked to return unused hernia mesh patches, and Ethicon has no plans to reintroduce the product.
Do I Have a Physiomesh Class Action Lawsuit?
The Class Action Litigation Group at our law firm is an experienced team of trial lawyers that focus on the representation of plaintiffs in Physiomesh lawsuits. We are handling individual litigation nationwide and currently accepting new hernia mesh injury cases in all 50 states.
Free Case Evaluation: Again, if you had problems following hernia surgery, you should contact our law firm immediately. You may be entitled to a settlement by filing a suit and we can help.