Hernia Mesh Lawsuits May Be Consolidated Soon
More than 60 hernia mesh lawsuits may be consolidated together after a current request that the New Jersey High Court has asked for.
The different hernia mesh lawsuits allege very similar claims, including that the hernia mesh products were defective and led to serious injuries by patients.
The hernia mesh lawsuits may be consolidated because of the large number of parties who have filed similar lawsuits and the common issues involved.
The High Court received an application to consolidate the hernia mesh lawsuits filed against Johnson & Johnson and their Ethicon USA LLC subunit.
These hernia mesh lawsuits involve claims from patients all over the country who allege similar issues emerged after they had hernia mesh implanted. Many of these patients had to undergo revision surgery or learn how to live their lives with the constant pain.
Although each of these plaintiffs might have originally assumed they had an individual claim, further information reveals that many patients with different doctors and implantation dates all suffered issues which appear to be similar.
All of these patients have one common allegation, however, and that is that they were never told about the risks or dangers when they first began the process of going through hernia repair surgery. Those patients chose to take legal action to fight for recovery of compensation.
Attorneys who came together to request consolidation of the hernia mesh lawsuits represent 62 plaintiffs in lawsuits pending across Bergen county that involve at least one multi-layered hernia mesh product.
It is anticipated, according to the application, that several hundred more similar hernia mesh lawsuits may be filed in the coming weeks.
The request to consolidate a defective product claims usually comes about when it is believed that this will help to streamline the management of the cases and reduce issues of duplicate discovery.
Since these products share common defenses, materials, designs, production, and manufacturing methods, the lawyers representing the plaintiffs who allege they have been seriously injured by the hernia mesh have requested a consolidation.
The allegedly defective hernia mesh products were designed to repair hernias including the Ethicon Physio Mesh, Flexible Composite Mesh, the Proceed Surgical Mesh, and the Prolene Hernia System, according to the application associated with the hernia mesh lawsuits’ consolidation requests.
The pending cases involve a broad range of different allegations against the defendants including breach of warranty, manufacturing defects, design defects, and failure to warn.
The attorneys representing the plaintiffs in these similar cases claim that there are overlapping factual issues including sterilization and manufacturing processes, and the attorneys believe that consolidation is appropriate in order to streamline the discovery process.
Six of the hernia mesh cases have already been managed by an attorney in Bergen County and the attorneys representing the allegedly injured patients say that the legal and scientific issues in future cases are expected to be similar.
If you or someone you know has grounds to file or participate in a hernia mesh lawsuit, schedule a time to talk to the lawyers at McDonald Worley today.
Disclaimer: McDonald Worley is not representing the plaintiff in this lawsuit.