Yes, as of August 2021, litigation is still pending and there may still be time to file a physiomesh injury lawsuit.
What Is Physiomesh?
Physiomesh™ Flexible Composite Hernia Mesh received Food and Drug Administration (FDA) approval in 2010 and was voluntarily removed from the market by its maker, Ethicon, in 2016.
During its six years of use in the United States, physiomesh was used in laparoscopic hernia repair surgeries. The product was made from a kind of plastic known as polypropylene that was put between two synthetic film layers. Within a few weeks of surgery, the film layers were absorbed and tissue could grow into the mesh.
Unfortunately, the physiomesh did not always work as intended and some hernia repair patients ended up suffering significant side effects. For example, sometimes:
- The physiomesh adhered to organs
- There was a higher than normal rate of hernia recurrence
- Patients experienced pain and inflammatory reactions
- The physiomesh failed to incorporate into the body
Since Ethicon removed physiomesh from the market, several lawsuits have been filed in the United States.
Physiomesh lawsuits allege that Ethicon put a defective medical device on the market and failed to warn people of the risks. As of 2021, more than 3,500 physiomesh injury lawsuits were pending in the United States.
The first three bellwether cases were initially expected to be heard during the summer of 2020, but these cases were delayed due to the Covid-19 pandemic. The cases were rescheduled for March, June, and September 2021, but these cases have now been postponed. The 2021 litigation delay came after both parties submitted motions to the court about what evidence should be heard during litigation. While no settlement has been announced yet, there is speculation that the bellwether trials were delayed because of possible settlement talks.
Don’t Wait Too Long to Pursue a Physiomesh Case
You have a limited amount of time to file a physiomesh injury case. Accordingly, if you’ve been hurt by Ethicon’s physiomesh after a hernia repair surgery, we encourage you to contact an experienced mass tort lawyer today before the statute of limitations expires on your case and before a settlement is reached.
You had the right to expect Ethicon to produce a reasonably safe hernia repair product and to warn you of any reasonably foreseeable complications before you consented to surgery. If those things did not happen and you were hurt by your hernia repair surgery, then you may pursue compensation for your past and future:
- Medical costs including hospitalizations, surgeries, medications, doctors’ appointments, and other healthcare costs related to your hernia mesh complication
- Lost income including any wages, bonuses, benefits, or income from self-employment that you could not earn because of your injuries
- Out-of-pocket expenses that you would not have incurred but for your hernia mesh complication
- Pain and suffering for the physical pain and emotional suffering the hernia mesh complication caused you
Meeting with an experienced mass tort lawyer is the first step to getting the recovery you deserve. Our New England defective medical device lawyers would be happy to provide you a free, no-obligation consultation so that you can learn more about your rights and potential recovery.
Before our meeting, we encourage you to gather the following information so that we can advise you of your legal options:
- The date of your hernia surgery
- The manufacturer of your hernia mesh
- Where your surgery occurred and who performed it
- Whether your mesh was removed and, if so, whether it was preserved
- When you first began experiencing hernia mesh complications
- What steps you took after you began experiencing hernia mesh complications
- What treatment you’ve received for your hernia mesh complications, including any revision surgeries
- How your hernia mesh complications impact your life
Don’t let another day go by with you wondering what you should do to protect your rights after a hernia mesh injury. Contact Keefe Disability Law today by phone, live chat, or completing our online contact form to schedule your free consultation as soon as possible.