A new hernia mesh lawsuit filed last month in Massachusetts federal court claims that a patient sustained severe injuries due to Ethicon, Inc.’s Physiomesh Flexible Composite Mesh hernia patch. The complaint accuses Ethicon of manufacturing a faulty device, and asserts that doctors and patients were not provided with adequate warnings about its risks.
According to the November 12th filing, David Watring was implanted with the Physiomesh patch during parastomal hernia repair in April 2013. His hernia recurred in November of that year, and contained loops of the small bowel. The complication was not observed during his original surgery. Watring was admitted to the hospital for revision surgery.
The plaintiff experienced another recurrence of his hernia in March 2016. During a second revision, small loops of bowel were once again discovered in the hernia, along with adhesions between the loops. Despite the extensive time taken to make all of the necessary repairs, Watring experienced a third recurrence.
The lawsuit seeks damages for the physical and mental pain and suffering, as well as “substantial physical deformity” Watring claims to have experienced due to Ethicon Physiomesh. He is also pursuing compensation for medical bills and lost wage allegedly related to his injuries.
Ethicon voluntarily withdrew the Physiomesh Flexible Composite Mesh product from the global market in May 2016, after data from German and Danish registries indicated that it was associated with higher recurrence/reoperation rates than comparator meshes following laparoscopic ventral hernia repair. The company was not able to determine the reason for the higher rates, which may be due to product factors, as well as operative and patient characteristics.
Watring’s Physiomesh lawsuit is one of several currently making its way through the U.S. court system. The first case is schedule for trial in January 2018.