Hernia mesh lawsuits filed on behalf of individuals who suffered serious injuries and complications allegedly caused by Atrium Medical Corp.’s C-Qur implants could begin heading to trial in February 2020.
Atrium’s C-Qur surgical mesh is indicated for use in hernia repair and other procedures.
The implants are constructed from polypropylene mesh that has been coated with an all-natural Omega-3 gel “derived from highly purified pharmaceutical grade fish oil consisting of a unique blend of triglycerides and Omega 3 fatty acids.”
While this coating is intended to reduce the risk of adhesion (scar tissue) formation and allow for better incorporation of the hernia patch with the abdominal wall, plaintiffs who have filed Atrium C-Qur hernia mesh lawsuits claim that it can actually promote an immune response in some patients that results in graft rejection, graft migration, organ damage, complex seroma, fistula, sinus tract formation, delayed wound closure, infection, sepsis, and even death.
They further charge that the polypropylene used in C-Qur mesh is biologically incompatible with human tissue and may also trigger an immune response that results in degradation of the mesh and other severe adverse reactions.
Any of these occurrences may lead to mesh failure, hernia recurrence, and the need for hernia revision surgery.
There are currently more than 400 hernia mesh lawsuits pending in the U.S. District Court, District of New Hampshire, where all federally-filed injury claims involving Atrium’s C-Qur implants have been centralized for coordinated discovery and other pretrial proceedings.
The litigation’s bellwether trials will involve a small group of representative cases and may provide insight into how other juries will rule in similar claims.
According to a Case Management Order dated May 29th, those trials will begin on February 19, 2020. A settlement conference for the first Atrium C-Qur lawsuit selected for trial will be convened no later than January 6, 2020.
The May 29th Order further directs counsel for plaintiffs and defendants to each select 8 cases (for a total of 16) for inclusion in an Initial Discovery Pool by July 20, 2018. Hernia mesh lawsuits eligible for the pool include those filed on or before April 1, 2018 that have plenary jurisdiction in the District of New Hampshire.
Half of the cases selected for the Discovery Pool will be designated Trial Pool Cases by March 1, 2019 and will proceed to expert discovery. Plaintiffs are to select 4 of the Trial Pool Cases, while defendants will select the remaining 4.
“The parties are encouraged in making selections for Discovery Pool and Trial Pool cases to select cases that will be representative of all filed cases in order that the process of selection and trial will be a helpful process for evaluation of the entire docket of cases for trial and resolution of the entire docket of cases,” the Order states.