Hernia Mesh Lawsuit

Hernia Mesh Lawsuit Update

May 9, 2021
Author: Daniel Gala

Atrium C-QUR Mesh Litigation Moves Toward First Bellwether Trials, Passes 3300 Cases

As the parties in multidistrict litigation (MDL) over Atrium C-QUR surgical mesh proceed through pretrial discovery on their way to the first bellwether trials, the four-year-old MDL has grown to include more than 3,300 cases as of May 7, 2021, according to court documents .

These thousands of plaintiffs allege that Atrium C-QUR mesh products were defectively designed and manufactured such that they can cause serious allergic or inflammatory responses when surgically implanted into patients' bodies, potentially leading to severe complications. Plaintiffs further contend that the defendant Atrium either knew or should have known of this risk and that Atrium failed to provide adequate warnings and instructions, which plaintiffs argue would have alerted patients and their doctors to the potential for an allergic or inflammatory response and helped to mitigate potential harms.

Though cases have been selected for the first two bellwether trials in the C-QUR mesh MDL, the parties continue to slog through the pretrial discovery process, during which time documents and other potential evidence are exchanged and the parties battle it out over which evidence will be admissible at trial. For litigation involving medical devices or pharmaceuticals, in which the evidence often is highly technical and beyond the ability of a layperson to interpret on his or her own, the fight over which expert witnesses are able to testify at trial is of particular significance. Sometimes, not just an entire case but an entire MDL can hinge on which experts a jury is allowed—or not allowed—to hear from.

This is the stage at which the Atrium C-QUR mesh MDL stands right now, with the parties submitting various court filings—often referred to as Daubert motions for the name of the case that established the modern rules for the admissibility of expert testimony—urging the court to either allow or deny the opportunity for certain experts to testify at the first two bellwether trials. With so much on the line, this process can, and does, often become quite contentious, and it can take months to complete.

However, progress continues to be made. In early March, the court issued an order simultaneously resolving a number of outstanding expert-witness-related issues pertaining to both the first and second bellwether trials. While the start of any bellwether trial remains months away at best, the court and the parties are slowly but surely moving ahead through these thorny issues.

In addition to Atrium, Maquet Cardiovascular US Sales also is a named defendant in the MDL. According to the Long-Form Complaint, "Since October of 2011, Atrium has operated within, and as a business unit of, Maquet."

The MDL involves a variety of C-QUR products, which, per the Short-Form Complaint, include the following:

• C-QUR
• C-QUR Mosaic
• C-QUR Edge
• C-QUR TacShield
• C-QUR Lite Mesh V-Patch
• C-QUR Mesh V-Path
• Other C-QUR mesh products

Atrium designed C-QUR mesh for use in hernia repair surgeries, and the devices are intended to be permanently implanted into the human body. Like some other hernia mesh devices, C-QUR is made of polypropylene; however, unlike other mesh products, C-QUR mesh "has a unique Omega 3 fatty acid gel coating derived from fish oil...which is not used in any other hernia repair product sold in the United States," according to the Long-Form Complaint.

While Atrium claimed that this novel coating would "minimize adhesion and inflammation, and facilitate incorporation of the mesh into the body", plaintiffs allege that, in fact, the opposite was true: "Instead, the Omega 3 coating prevented adequate incorporation of the mesh into the body causing an intense inflammatory and chronic foreign body response, that resulted in an adverse tissue reaction, including damage to surrounding tissue," according to the complaint.

Remember to check back at TheLawFirm.com for all the latest updates on Atrium C-QUR mesh litigation. And if you have suffered serious complications following the implantation of a surgical mesh product, contact TheLawFirm.com for a free legal consultation!

Sources:

United States District Court District of New Hampshire. (Accessed 7 May 2021). Court Docket. In Re: Atrium Medical Corp. C-Qur Mesh Products Liability Litigation. Case No. 1:16-md-02753-LM. MDL No. 2753

United States District Court District of New Hampshire. (1 March 2021). Amended Order. In Re: Atrium Medical Corp. C-Qur Mesh Products Liability Litigation. Case No. 1:16-md-02753-LM. MDL No. 2753

United States District Court District of New Hampshire. (27 December 2019). Short-Form Complaint. In Re: Atrium Medical Corp. C-Qur Mesh Products Liability Litigation. Case No. 1:16-md-02753-LM. MDL No. 2753

United States District Court District of New Hampshire. (27 December 2019). Long-Form Complaint. In Re: Atrium Medical Corp. C-Qur Mesh Products Liability Litigation. Case No. 1:16-md-02753-LM. MDL No. 2753