Plaintiff’s pursuing federal hernia mesh lawsuits involving Atrium’s C-Qur product line have asked the U.S. Judicial Panel on Multidistrict Litigation (JPML) to centralize all federally-filed claims in a single jurisdiction. Court records indicate that the Panel will hear Oral Arguments on the matter during its next Hearing Session, which is scheduled for December 1st.
The request for centralization was filed even as lawsuits involving another hernia device, Ethicon, Inc.’s Physiomesh Flexible Composite Mesh product are beginning to more forward. That device was pulled from the worldwide market earlier this year due to unexpectedly high rates of hernia recurrence and revision. The first Physiomesh lawsuit is scheduled to go to trial in January 2018.
C-Qur hernia mesh is intended for permanent abdominal wall reinforcement in hernia surgeries. Atrium claims that its proprietary Omega-3 barrier coating reduces the risk of adhesions (scar tissue) between the hernia mesh and the intestines. The barrier is also supposed to promote the permanent fixation of the mesh to the abdominal wall.
Court documents indicate that at least 15 hernia mesh lawsuit involving Atrium C-Qur devices are currently pending in seven different federal courts. All of the cases similarly allege that C-Qur hernia mesh causes an inflammatory response that promotes the formation of bowel adhesions, impedes proper abdominal wall fixation, and causes additional severe complications.
Plaintiffs petitioned the JPML to centralize all federally filed C-Qur lawsuits via a Motion filed on October 10th, asserting that doing so would promote the just and efficient progress of the litigation.
“As a result of C-Qur’s dangerous and defective design, testing, manufacture, marketing and sale, it has caused patients to suffer serious related health problems,” the motion stated. “In all of the related cases, Plaintiffs’ proof will involve the same evidence concerning defendants’ allegedly misconduct that resulted in design, production, marketing, and sale of defective hernia mesh and led to Plaintiffs’ injuries.”
Plaintiffs have suggested that the proposed multidistrict litigation be housed in U.S. District Court, District of New Hampshire.
In a brief filed with the JPML on November 1st, Atrium supported the centralization of C-Qur lawsuits in New Hampshire.