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Ethicon Physiomesh Lawsuit News

Lawsuits Against Ethicon Consolidated in Multi-District Litigation

Those injured by Physiomesh Composite Hernia Mesh can join Multidistrict Litigation and benefit from a more comprehensive discovery process

Monday, April 30, 2018 - As of the time of this writing, approximately 700 lawsuits have been filed in US federal court against Ethicon, Inc., a subsidiary of Johnson & Johnson, by plaintiffs claiming that they have been injured from the Ethicon Physiomesh Composite Hernia Mesh. The cases have been consolidated into one using Multi-district Litigation (MDL). MDL is used in order to streamline and avoid duplication of standard pre-trial and discovery processes, reduce the burden on the court system, and to get the claims to trial in a more timely manner. MDL is often used in complicated legal cases that require scientific evidence and testimony and involve a defective medical device that has affected multiple plaintiffs in some way.

A federal Judicial Panel on Multi-district Litigation decides whether or not a case qualifies for MDL. The panel looks for instance where tens or hundreds of lawsuits are filed separately against a plaintiff claiming that they have been injured by using a particular medical device. Every federally-filed Ethicon Physiomesh lawsuit has currently been consolidated under MDL in the Northern District of Georgia using Multi-District Litigation.

One of the first steps in Multi-District Litigation (MDL) is to create a case-specific discovery pool whereby both sides, the plaintiff, and the defendant, pick 12 cases each to undergo case-specific discovery. Lawyers on both sides in the Physiomesh MDL have until May 15, 2018, to select which cases to present. A month later an additional 10 cases will be added to account for any new developments that may have occurred. The court then has a year to select the trial cases and the manner and order in which they will be presented. The MDL process must be completed in the Physiomesh case by May of 2019. The first Physiomesh case is scheduled for trial on September 16, 2019.

On May 25, 2016, Ethicon published a voluntary market withdrawal based on unpublished data from two European registries and the recommendation of the US Food and Drug Administration, to warn the medical community that following laparoscopic ventral hernia pair patients implanted with the Ethicon Physiomesh Composite Hernia Mesh were experiencing an unacceptably high number of necessary revision surgeries.

The company requested doctors to immediately stop using the product and to return them to the company or destroy them. The market withdrawal was voluntary and not an official product recall. The company could not determine the exact cause of the product failure and made no admission of where the problems could stem from offering a variety of possibilities.

Lawsuits against Ethicon began when European data indicated that Physiomesh Composite Hernia Mesh was associated with higher recurrence and revision rates than other mesh hernia implants. Plaintiffs claim that Physiomesh has caused severe and persistent pain, redness, swelling and infections at the site of the original hernia. In some cases, the Physiomesh has failed to adhere to the hernia and migrated to the small intestines, puncturing them. Revision surgery is then required not only to surgically repair the original hernia, but also to remove the Physiomesh and repair or remove the newly-perforated organ.

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Lawyers for Ethicon Physiomesh Lawsuits

OnderLaw, LLC is a St. Louis personal injury law firm handling serious injury and death claims across the country. Its mission is the pursuit of justice, no matter how complex the case or strenuous the effort. The Onder Law Firm has represented clients throughout the United States in pharmaceutical and medical device litigation such as Pradaxa, Lexapro and Yasmin/Yaz, where the firm's attorneys held significant leadership roles in the litigation, as well as Actos, DePuy, Risperdal and others. The Onder Law Firm has won more than $300 million in four talcum powder ovarian cancer lawsuits in St. Louis. Law firms throughout the nation often seek its experience and expertise on complex litigation.