Ethicon Physiomesh Lawsuits Continue to Come

Post on behalf of Thomas J. Ueberschaer PA on Friday December 1, 2017

Ethicon Physiomesh, a type of hernia mesh, is the subject of an increasing number of lawsuits related to complications and injuries following hernia repair surgeries.

Ethicon Physiomesh was first produced in 2010 under the Food and Drug Administration’s (FDA) 510(K) program. Also known as the “Fast Track” program, the 510(K) process permits medical devices to bypass human clinical trials provided their manufacturer provide evidence that the device is “substantially equivalent” to an already approved product.

Patient advocates have long claimed that products allowed on the market through the 510(k) program are suspect of potential danger to their users. That danger seems apparent in the filings of hernia mesh lawsuits.

The individuals filing these claims express a wide range of injuries including: bowel perforations and strangulation, erosion, fistula formation, and hernia incarceration. They report that they were not adequately warned about the risks associated with the mesh product used in their hernia repair surgery.

In some cases they allege that the device that was surgically implanted in them to repair their hernia was defective. This has led to some hernia mesh devices being recalled while others have not – a confusing situation to be in as a patient.

Recovering from injuries caused by those defective hernia mesh products can be costly and painful. Recovery can include revision surgery, physical therapy, bowel removal, nerve damage and scarring among a range of other injuries. Without pursuing a hernia mesh lawsuit, patients have little hope for recovering from the manufacturer of their hernia mesh device and have to face the costs of recovery on their own.

If you would like more information about recalled hernia mesh products, please refer to the FDA’s website.

Some experts claim that the very design of the Ethicon Physiomesh is defective, stating that the design of the implant is such that fluids are unable to pass and thus causing serious side effects. This information would lend credence to an understanding of the product, even working perfectly, as unsafe.

Many of the claims filed express that had the manufacturer made information about the true risk of injury available, it would have been clear to either the patient or their physician that the risks outweighed the benefits of using the hernia mesh in their hernia repair surgeries.

Hundreds of hernia mesh lawsuits have been filed and many more are being investigated. A Multidistrict Litigation (MDL) has been approved by the U.S. Judicial Panel on Multidistrict Litigation to appear before Judge Richard Story in the Northern District of Georgia.

Our law firm is currently investigating claims related to injuries stemming from Ethicon Physiomesh. If you or a loved one has suffered after a hernia repair surgery, please contact us to protect your rights and discuss options for your recovery. 

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