The Court set trial dates in the Physiomesh MDL

Ethicon, a J&J company, withdrew the physiomesh hernia mesh device several years ago. Plaintiffs filed lawsuits around the country. A special court called the Judicial Panel on Multidistrict Litigation (JPML) put all the cases pending in federal before on judge, the Honorable Richard Story, in Atlanta. The parties have been engaged in discovery and preparing for trial for years now.

New hernia mesh trial dates set

Obviously COVID-19 changed everything for everyone. This includes the judicial system. The courts have begun resetting to get cases back on track. Just today the Physiomesh MDL court set new trial dates and other deadlines.

The first trial will start on November 2, 2020. The second trial will start on February 22, 2021. The next will be May 10, 2021.

Defendants sometimes settle cases shortly before or after trial, but at this time we have no indication of either happening.

Hernia mesh failures – Physiomesh 

In 2016 the U.S. Food and Drug Administration (FDA) acknowledged that mesh products were associated with a troubling high occurrence of complications. The agency’s investigation of the many medical adverse event reports found the surgical patches to be the leading cause of obstruction and a bowel perforation. FDA cleared the devices through the infamous 510(k) Premarket Notification Process.  Lawyers allege that the products are dangerous and poorly tested. Some of the studies that suggested safety and effectiveness involved a short period of time only. By comparison, complications could manifest 10 to 15 years after implant.

Ethicon is a subsidiary of Johnson & Johnson (NYSE:JNJ). Ethicon sent out an Urgent Field Safety Notice to healthcare professionals. It pulled its Physiomesh medical device used in laparoscopic surgery from the global market in May 2016. The company did the right thing because it noticed its device was failing at a high than expected rate. It is a thin mesh with a line down the center. It breaks too easily. Of note, there is still a product, the open physiomesh, that remains on the market. 

The lawyers at KBA and other attorneys began investigating potential product liability claims. We ultimately sued Ethicon for injuring patients suffering from specific hernia mesh complications. The hernia mesh lawsuits assert product liability claims. 

Will Physiomesh victims receive compensation?

First, patient safety is the most important issue. Anyone with concerns about a hernia mesh product, or any medical device for that matter, should speak with a health care professional. Nothing here is intended to suggest any patient should take any specific action related to his or her health.

Second, for those who have had a physiomesh product and that they believed injured them, they can speak with an attorney. Every case is different. They are complicated legal and medical issues involved in every case.

Whether a particular person will receive compensation depends on many factors. It is still too soon to tell, but the design defect in this case seems clear to us. It may come down to case specific factors then. Generally, cases where the medical records document that the mesh was the cause of an injury would have the best chance of recovery. In other cases, there has been a subsequent surgery or the doctor removed the mesh, but there is no indication of a mesh-related failure. Therefore, one’s chances of recovery turn on their individual medical history and experience with the mesh, as well as the unique aspects of the product itself. These are things that doctors and attorneys can discuss with people interested in learning more.

What can people with hernia mesh do?

They should speak with their healthcare providers first and foremost. If a patient believes the mesh caused an injury, that person can speak with a lawyer. A law firm will usually obtain medical records and review them. Then they will decide if they can file a claim. Time is of the essence because each state has strict timelines that require plaintiffs to file lawsuits or risk losing the claim forever.

In the meanwhile, hopefully the people who had Physiomesh will receive justice soon.