Hernia Mesh Lawsuit Alleges Risks Were Hidden

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A New Hampshire couple is suing the manufacturer of the C-Qur Mesh for severe complications they say were caused by the device after the husband had it surgically implanted as a treatment for an umbilical hernia.

Among the charges levied by James and Kimberly B. of Nashua, New Hampshire against Atrium Medical Corporation are negligent misrepresentation, liability, violation of consumer protection laws and unjust enrichment.

Atrium’s C-Qur Mesh is widely used for hernia repair.

Several months after the December 2013 surgery to implant the C-Qur Mesh, 56-year-old James continued to experience abdominal pain, the hernia mesh lawsuit states.

In December 2015, James learned the cause of the continued pain: the C-QUR Mesh. Despite undergoing surgery to remove the device in January 2016, Brown continues to suffer severe abdominal pain warranting further medical treatment, according to the hernia mesh lawsuit.

The pathology report noted fibrous tissue with embedded mesh, foreign body giant cell reaction, hemosiderin and fibrosis purportedly the result of Omega 3 Fatty Acid used as a coating in the mesh, something the Browns allege Atrium knew was dangerous when implanted in the body.

Atrium began marketing and selling surgical mesh for the treatment of multiple medical conditions, primarily hernia repair, in 1993, according to the hernia mesh lawsuit.

Atrium’s products contain polypropylene mesh, which the company maintains is inert—or chemically inactive—despite a substantial body of scientific evidence indicating that polypropylene mesh is “biologically incompatible with human tissue and promotes an immune response in a large subset of the population” who have received the defendants’ products, according to the hernia mesh lawsuit.

The body’s immune response can result in severe adverse reactions.

Despite warnings by numerous suppliers of Atrium’s polypropylene that the substance is prohibited from being permanently implanted in the human body, Atrium’s polypropylene-based hernia mesh products are intended and used for permanent implantation, according to the complaint.

Atrium failed to warn or notify doctors, regulatory agencies and consumers of the known severe and life-threatening risk associated with polypropylene, the complaint continues.

According to the hernia mesh lawsuit, Atrium’s C-Qur Mesh uses a blend of Omega 3 Fatty Acid Fish Oil to form a barrier coating on the medical device. Omega 3 Fatty Acid Fish Oil is derived from fish, which are commonly allergenic.

If remnants of the fish, such as proteins, remain in the Omega 3 Fatty Acid coating, allergic reactions ranging from increased sensitivity and rashes to death can occur. The hernia mesh lawsuit states that the Omega 3 Fatty Acid component of Atrium’s C-Qur Mesh is “cytotoxic and not biocompatible, resulting in complications such as delayed wound healing, inflammation, foreign body response, rejection, and death.”

Despite concerns raised by the U.S. Food and Drug Administration (FDA) and other government regulatory agencies worldwide about severe, life-threatening allergic reactions to the Omega 3 Fatty Acid coating when implanted in humans, Atrium knowingly manufactured the C-Qur mesh with the component, the hernia mesh lawsuit alleges.

Additionally, the James maintains that Atrium misled doctors about allergic reactions in patients implanted with the C-Qur Mesh and instead tried to blame alternate causes.

In an attempt to sterilize its C-Qur Mesh, the complaint alleges, the defendants use Ethylene oxide, a chemical that dry spores highly resist.  

C-Qur Mesh implanted with spores—which can remain dormant for extended periods—will result in an infection months or years after the C-Qur is surgically implanted.

James and Kimberly are seeking compensation for past and future damages for personal injury, permanent impairment, physical injury, physical and mental pain and suffering; distress and loss of enjoyment of life; past and future medical and incidental expenses; and past and future loss of earnings and/or earning capacity.

If you or a loved one suffered injuries caused by a hernia mesh product, you may have a legal claim. Contact the experienced attorneys at McDonald Worley today for a FREE case evaluation.