California Woman Slams J&J, Ethicon with 7-Count Physiomesh Lawsuit

Los Angeles, CAThe Johnson & Johnson Ethicon surgical mesh lawsuits just keep on coming. On January 19, 2018, Sharon Smith filed a new Hernia Mesh lawsuit in the US District Court for the Central District of California.

In 2012, her surgeon repaired her hernia with an Ethicon Physiomesh Flexible Composite Mesh implant; it didn't heal well. She was in pain for the next five years and her quality of life, finances, and relationships with other people deteriorated. In 2017, her doctor suggested that the surgical mesh was at fault. Now she has sued.

The history of problems with Ethicon Physiomesh is well documented. The cases have matured into multidistrict litigation in the United States District Court for the Northern District of Georgia. The betting money is that Sharon Smith's lawsuit will help propel that case along.

Much grief following Physiomesh surgery

Among the injuries reported after Physiomesh hernia mesh surgery are:

• Hernia recurrences that require additional surgery;


• Infections:


• Adhesions (l tissues and organs sticking together);


• Pain and swelling;


• Intestinal fistulas; and


• Bowel obstructions.

Sharon goes to war

Her lawsuit is aggressive. It alleges:

• Negligence;


• Strict liability based on design defect;


• Strict liability based on manufacturing defect;


• Strict liability based on failure to warn;


• Breach of express warranty;


• Breach of implied warranty; and


• Loss of consortium (which means um, loss of friendly relations with your spouse).

Without getting too deep into the legal weeds, this means that lawyers are going all in. Collective judgment seems to suggest that there is something to win with one or more legal theories, however messy.

What's going on with the MDL? News flash: Get in now.

To date, more than 400 Ethicon Physiomesh lawsuits have been consolidated for pre-trial motion and discovery purposes into multidistrict litigation in the Northern District of Georgia. Judge Richard Story recently ordered plaintiffs and defendants to begin the process of selecting bellwether cases. These are expected to begin to go to trial in September 2019.

Anyone with defective Physimesh injuries may join the Physiomesh MDL until the two sides agree to settle. That means it's important to get in now because settlement negotiations are certainly under way.

The other significant development in the MDL case is that plaintiffs' doctors are now prohibited from testifying for J&J or Ethicon as expert witnesses.

Sharon Smith's recent lawsuit is an indication of how quickly the Ethicon Physiomesh lawsuits are proceeding, even given the postponement of trial dates to 2019. Individuals who have suffered side effects from hernia mesh repair will be well advised to contact legal counsel promptly.