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Ethicon Physiomesh Lawsuit Springs from Medical Device Withdrawl

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Orlando, FLIt wasn’t that long ago that problems associated with transvaginal mesh commanded headlines and fueled lawsuits. Now the mesh is back, but this time stemming from a different indication. The complaints, however, are similar: allegations of early failure causing pain and other health implications for the patient, prompting some surgical mesh lawsuits.

A recent mesh lawsuit alleging problems with Physiomesh – a now-withdrawn product used in laparoscopic and incisional hernia surgery and manufactured by Ethicon Inc. – was filed September 22 in US District Court, Middle District of Florida. The surgical mesh lawsuit plaintiff underwent a procedure to repair a hernia in 2014 using the Physiomesh product. After complaints of persistent pain, a second procedure was attempted a year later to remove the Physiomesh. The surgeon, according to the mesh lawsuit, was unable to remove all of the Physiomesh from the plaintiff’s abdomen, allegedly due to debris from the failing mesh having become stuck to the plaintiff’s abdominal wall and bowels – leaving the plaintiff with ongoing surgical mesh complications.

It should be noted that according to court documents the initial hernia repair was identified as an ‘incisional’ procedure, as opposed to laparoscopy.

The surgical mesh complications identified by the plaintiff in the September lawsuit are eerily similar to reports of mesh problems associated with many a transvaginal mesh lawsuit – in sum, allegations that the mesh becomes entangled in organs, tissue or protrudes into the vagina, with early rates of failure.

As reported last month by LawyersandSettlements.com (LAS), Ethicon Physiomesh Flexible Composite Mesh products were withdrawn by the manufacturer in May of this year, with Ethicon extending an offer of a full refund to healthcare facilities and medical professionals for returned product by September 16.

That deadline has now passed. The Florida lawsuit was filed six days later, on September 22.

LAS reported that two unpublished studies – undertaken by the German and Danish Medical Registries – found early failure rates for Ethicon Physiomesh. The product was found to break down too early, potentially allowing hernias to reoccur, or introducing the potential for bacterial infection.

The Florida Physiomesh lawsuit cites use of Physiomesh Product Code PHY2025V, a product code that was included in the product codes identified in the recent Physiomesh withdrawal.

The Florida complainant alleges that the Physiomesh Flexible Composite Mesh device she received was defectively designed and manufactured. Her surgical mesh lawsuit asserts that the Plaintiff is likely to suffer pain and medical complications for the remainder of her life.

The surgical mesh complications lawsuit is Case No. 6:16-cv-01663-PGB-DAB, in US District Court, Middle District of Florida. The plaintiff is identified as Joanne Quinn. The defendants are identified as Ethicon, Inc. and Johnson & Johnson, both of New Jersey.

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