Proceed Surgical Mesh is Defective, Lawsuit Claims
A Vermont man alleges in a lawsuit that the Proceed Surgical Mesh designed and manufactured by Ethicon and Johnson & Johnson is defective and resulted in severe injuries.
Plaintiff Ronald O. says Proceed Surgical Mesh was used in his hernia surgery in August of 2012. However, due to mesh malfunction, the plaintiff had to undergo additional surgery to remove the mesh in October of 2014.
The plaintiff alleges the Proceed Surgical Mesh he was implanted with was defective and caused his injuries. Ronald says he continues to experience excruciating abdominal pain, along with other damages, from the defective mesh.
According to the complaint, absorbable hernia mesh products, including the Proceed Surgical Mesh used in the plaintiff’s surgery, are generally made of animal byproducts and are designed to be absorbed by the body, while non-absorbable mesh is made from synthetic materials and is intended to be permanent.
Further, there are a number of defects associated with hernia mesh, including migration of the mesh, shrinkage, contraction, adhesion, blockage, internal bleeding, development of fistula, fluid build-up, and perforation.
“A hernia is a medical condition caused by the penetration of fatty tissue, intestine, or organs through a weakened or compromised location in muscle of connective tissue,” explains the lawsuit.
While Proceed Surgical Mesh was used to repair the plaintiff’s hernia, safer alternatives to hernia mesh exist, the plaintiff claims.
“Safer and more effective alternatives to hernia mesh exist and have existed since the introduction of hernia mesh products into the market,” alleges the plaintiff. “These safer more effective alternatives include the Shouldice Repair, McVay Repair, Bassini Repair, and Desarda Repair”
The plaintiff says Ethicon and Johnson & Johnson marketed Proceed Surgical Mesh as a safe and effective hernia mesh for permanent implantation.
Shortly after receiving FDA approval of the product, however, hundreds of complaints were filed with the agency documenting serious malfunctions of the mesh. Ultimately, points out the complaint, the Proceed Surgical Mesh was recalled on Jan. 14, 2011.
Ethicon and Johnson & Johnson failed to warn doctors and patients about the dangers of Proceed Surgical Mesh, alleges the complaint. Instead, says the plaintiff, the companies aggressively marketed the mesh.
The failure of the product allegedly constitutes breach of warranty and fraudulent misrepresentation, according to the plaintiff.
The plaintiff is seeking compensation, including punitive damages, for the hernia mesh complications he suffered from the implantation and removal of the Proceed Surgical Mesh, as well as for future pain and suffering.
Hernia Mesh Defects
Problems with hernia mesh have been reported by an increasing number of patients. Symptoms of defective hernia mesh include chronic pain, inflammation, infection, intestinal problems, skin problems, and flu-like symptoms.
If you are experiencing any of the above health issues and have Proceed Surgical Mesh or any hernia mesh, you should seek medical help immediately.
If you’ve experienced problems with Proceed Surgical Mesh, consider contacting an attorney. The attorneys at McDonald Worley are currently investigating claims of defective hernia mesh.