Are You a Hernia Mesh Victim?
Did you or a loved one have hernia surgery in which a mesh was implanted into the body? Reports have surfaced of men and women who have suffered from illness and injury, ranging from severe infections to the perforation and damage of internal body tissues, which may carry life-threatening complications and extensive hospitalization. Now, many victims are taking action by filing hernia mesh lawsuits against the manufacturers.
Two particular mesh products are being investigated by our firm at this time, including the Ethicon Physiomesh and the Atrium C-Qur (pronounced “secure”) hernia mesh. It is believed that hundreds of thousands of these mesh products have been implanted in Americans.
- The Atrium C-Qur mesh went on the market in March of 2006. In October of 2012 the FDA issued a warning letter stating the company was failing to address complaints. On August 9, 2013, the FDA issues a Class 2 recall of the C-Qur Edge product.
- The Ethicon Physiomesh went on the market in April of 2010. In May of 2016, Ethicon sent a letter to doctors recalling the Physiomesh products.
This webpage is filled with information to popular questions based on consultations we have had with individuals just like yourself. If you have suffered complications following a mesh surgery, a conversation with our lawyers may help you understand what compensation may be available for your hernia mesh pain and suffering. With decades of combined legal experience, we can help you. Contact our firm for a free consultation with no-obligation.
Three Facts You Need to Know
1. The mesh products were fast-tracked to market without sufficient testing
Mesh products have been used for years. The FDA launched a program called the 501(k) approval program which both the Atrium C-Qur and the Ethicon Physiomesh products qualified. This allowed the manufacturer to bypass rigorous safety tests and bring the mesh products to market because similar products already existed. Unfortunately for thousands of Americans, this process has only lead to severe injury and painful revision surgeries.
2. Have you heard of a transvaginal mesh?
Between the years of 2009 through 2012 lawsuits were being filed against companies, including Ethicon, a subsidiary of Johnson & Johnson, due to organ perforation. To be clear, organ perforation is incredibly serious and may cause death. Perforating an organ such as an intestine can release bacteria into the body which may be uncontrollable. At this time, if you are in severe pain due to an implanted mesh, your safety is in jeopardy; we recommend you seek medical attention to ensure perforation has not occurred.
3. 133 days to develop and launch a new product
In order to not suffer from profit loss, Ethicon created another mesh. It is suspected that Ethicon was aware that the Physiomesh was defective and should be withdrawn from the market. Instead of recalling the product immediately, they continued manufacturing to develop a new mesh product called the Physiomesh Open. Using the same accelerated 501(k) approval method, Ethicon submitted its application on June 12, 2014 and had it approved for sale to the public on October 23 of that year – 133 days.
What is Important About the Ethicon Physiomesh?
The Ethicon Physiomesh is manufactured by Johnson & Johnson and came on the market in April of 2010. The Physiomesh uses polypropylene, the same material used in the aforementioned transvaginal mesh implants which lead to more than 10,000 lawsuits.
According to a scientific study in August of 2016, which can be read here, the use of Physiomesh in the tissue integration often leads to infection when compared with other mesh products. This also leads to a reoccurrence of the hernia.
Despite the May 2016 removal of the Physiomesh product from the market, Ethicon a subsidiary of Johnson & Johnson, continues to deny the fact that polypropylene causes life-threatening complications and has affected hundreds of thousands of individuals across the country.
If you or someone you love has received either an Atrium C-Qur mesh (any model) or received an Ethicon Physiomesh, or are unsure, we encourage you to contact us today by calling 866-515-8880. Our lawyers have helped thousands in lawsuits involving mesh products and can help you to understand the road ahead, and answer any additional questions you may have.
What is Important About the Atrium C-Qur Hernia Mesh?
The Atrium C-Qur product is a composite hernia mesh patch that began selling in 2006. This particular mesh has an Omega-3 Fatty Acid (03FA) coating over the mesh fibers. The Omega-3 coating was initially praised, however, it has now been known to cause severe allergic reactions.
But, even more alarming, the mesh can lead to life-threatening systemic infections due to lack of sterilization. The C-Qur hernia mesh can be used to assist with different types of hernias. Surgeons have used this exact mesh for chest and wall reconstructions, and even to treat traumatic and surgical wounds.
Once the C-Qur mesh is implanted into the body, doctors have discovered that it’s difficult to remove. Surgery to remove the mesh can cause even more hernia mesh complications for the patient. One of the worst aspects regarding this hernia mesh, is the fact that not much testing was done before it was fast tracked to the market under the FDA’s 510k approval process mentioned above. This is due to the similarity to a mesh approved in the 1990’s. Nevertheless, the Atrium C-Qur hernia mesh is the first mesh to ever use an Omega-3 Fatty Acid coating, and this fact alone means that further testing should have been done.
The Atrium C-Qur Edge product was recalled on August 9th, 2013, however, our firm is investigating all C-Qur products.
What Are the Different Types of Atrium C-Qur Hernia Meshes?
According to the FDA, surgeons can use the Atrium C-Qur hernia mesh patch for a variety of hernia repairs. As such, there are different types of C-Qur meshes to accompany the necessary procedure. These various types of C-Qur hernia meshes consist of:
- C-Qur – The original Omega 3 fatty acid hernia mesh, often used for open and laparoscopic hernia repair.
- C-Qur Edge – So far, this is the only C-Qur hernia mesh that has been recalled.
- C-Qur V-Patch – This mesh is used for repairing small hernias, such as umbilical, epigastric and trocar site defects.
- C-Qur Tacshield – A mesh used for the surgical repair of medium to large-sized open ventral hernia repairs with mesh.
- C-Qur FX – The FX mesh is used for open and laparoscopic hernia repair.
- C-Qur CentriFX – A see-thru clarity mesh designed for lateral and medial hernia defects.
- C-Qur Mosaic – This see-thru clarity mesh was designed for open and laparoscopic hernia repairs.
- C-Qur Film – A product used to act as an adjunct in abdominal and pelvic surgery, and help reduce the incidence, extent, and severity of postoperative adhesions.
It’s imperative to note that the Atrium C-Qur hernia lawsuit includes all types of C-Qur meshes. If you are unsure what kind of mesh you have, that’s okay and most people don’t know. The good news is we can help you find out.
What Are the Physiomesh & Atrium C-Qur Hernia Mesh Complications?
There have been a variety of injuries and complications connected to the Atrium C-Qur Hernia Mesh, including:
- Infection – A very high rate of infections have been reported. Yet, infections can remain dormant for months before becoming severe or life-threatening.
- Rejection – The rate in which these meshes have been rejected by the body is not uncommon.
- Organ Perforation – A hole can form in an organ (i.e. the intestines) when encountering parts of the C-Qur mesh.
- Foreign Body Response – Inflammation and encapsulation can take place.
- Abdominal and bowel adhesion – Bands of fibrous tissue may band together causing obstruction and pain, and requiring surgery for treatment
- Chronic Pain – An intense level of pain may develop once the mesh is implanted, and remain until it’s removed. Warning: Please do not dismiss severe pain as only an infection as it may be a sign of perforation.
- Rash – As a less severe reaction, a rash covering the abdomen and other parts of the body can appear, and only fade after the product has been removed.
What Is the Physiomesh & Atrium C-Qur Hernia Mesh Lawsuit?
The Atrium C-Qur hernia mesh lawsuit alleges that there are problems with the 03FA coating. Specifically, the C-Qur hernia mesh lawsuit is against the Atrium Medical Corporation and argues the company failed to warn against their defective mesh. If you or a loved one had a hernia surgery in which an Atrium C-Qur mesh was implanted into your body, then it’s recommended you contact Pittman, Dutton & Hellums today.
Even if you haven’t yet experienced negative effects, you could still be eligible for compensation and time limits do apply (they vary by state). While there isn’t a check large enough to counteract the burden that’s been placed on your shoulders, the party responsible for your pain and suffering should still be held accountable for their actions, and legal action will help to remove these products from the market so others won’t suffer in the future.
If we don’t win on your behalf, you owe us nothing. Our no-win-no-fee guarantee protects your interests as we proceed with litigation to return the maximum recovery on behalf of your family and other clients who have decided to stand up to the manufacturer who caused them unnecessary harm.
Is a Hernia Mesh Attorney Necessary?
You need an advocate. If you plan to take legal action for the faulty product used during your hernia surgery, then securing an attorney to assist you with the process will be vital. These types of cases often get weighed down with paperwork, medical records, and phone calls. We make the process easy, and our firm advances the costs for medical records, court fees, and other litigation costs. After all, your only concern should be to focus on healing. Let the attorneys at Pittman, Dutton & Hellums be your advocates. We will do everything in our power to ensure the process going forward runs as
smoothly and conveniently as possible.
Unfortunately, outcomes are never certain in medical cases like this one. You are protected from court costs and litigation fees as we work on a contingency-fee arrangement, meaning you won’t have to pay us a dime until a settlement or verdict is granted in your favor. We believe you were wronged, and want to try and correct that wrong the best way we can. Let us help you.
The attorneys at Pittman, Dutton & Hellums invite you to contact us today for a free, no-obligation consultation. Bottom line: You were treated unfairly by a company that put its profits over your safety. As a result, the guilty culprit should pay, and you should be offered some sort of relief for everything you’ve had to endure. If you think you might have a case, then call us today at 866-515-8880.
Testimonial: This firm represented my mother in a case against a medical company. She had to go through multiple awful surgeries, and I was there during the recoveries which were pretty unbearable at times. They were kind, listened closely, and talked to her about her case often. She was happy with her settlement and she is glad just to have her life back on track and to put this matter behind her. – Lucy H. California
Frequently Asked Questions:
- If I live out of state, can you represent me?
- If the recall was several months ago, why have we only recently heard about it?
- What can I expect if I have a conversation with your lawyers?
- When do you expect a settlement or verdict?
Question: If I live out of state, can you represent me?
Answer: Yes, we can. Since hundreds of thousands of people have been potentially hurt and may file claims, the court system consolidates the cases to one single court that is likely not in your state. We have represented individuals from as far north as Alaska and Maine, to California and Florida. As long as you live in the United States we can help you.
Question: If the recall was several months ago, why have we only recently heard about it?
Answer: There could be a number of factors for not learning about the hernia mesh patch recall. As hundreds of thousands have been implanted, the notification process is slow, and the news media may not report the latest from the FDA hernia mesh recall.
Question: What can I expect if I have a conversation with your lawyers?
Answer: First and foremost, you can expect to have all your immediate questions answered. We believe in straight-talk and clear communication, and if there is a question we can not answer, such as if we don’t have medical records on your situation, we’ll tell you upfront. At our firm, we communicate with honesty and respect, as we know you may rely on what we have to say. When you are ready, call us today at 866-515-8880 or us our contact form by clicking here.
Question: When do you expect a settlement or verdict?
Answer: It is early in the process. Some companies move more quickly than others when they feel they accountable, while others can take months. Our goal is to move your case as quickly as possible while also working to achieve the maximum compensation for you. We know you want to recover, move on from this, and get back to enjoying your life. As your advocate, we intend to accomplish that goal.
Additional Information on Hernias and Types of Hernias
When an organ, intestine or fatty tissue squeeze through a hole or weak spot in the surrounding muscle or connective tissue, a hernia takes place. Hernias are known to materialize at the abdominal wall, and can even be visible as an external bulge. The most common types of hernias include:
- Inguinal – Occurs in the inner groin
- Femoral – Occurs in the upper thigh/outer groin
- Incisional – Occurs through an incision or scar in the abdomen
- Ventral – Occurs in the general abdominal/ventral wall
- Umbilical – Occurs at the belly button
- Hiatal – Occurs in the abdomen, alongside the upper stomach/diaphragm
Hernias can stem from a variety of reasons, but most are caused by a combination of pressure and opening or weakness of muscle or connective tissues. This muscle weakness can be present at birth but frequently appears later in an individual’s life. Furthermore, anything that causes an increase in abdominal pressure can create a hernia, such as obesity, lifting a heavy object, diarrhea or constipation or constant coughing or sneezing. As well, poor nutrition, smoking, and overexertion can all play a part in the hernia process, as these acts can weaken muscles, ultimately setting the events into motion.