Hernia Mesh Lawsuits: Atrium Medical Pushes Back Against New MDL
A new multidistrict litigation (MDL) action could be formed in the latest hernia mesh lawsuits against Atrium Medical Corporation—and the defendant is pushing back against this MDL consolidation. (Reuters)
Nine lawsuits filed between 2017 and 2021 could become part of the new MDL, with plaintiffs Jose Avila and Clark Kolbeck requesting for the consolidation of their cases with similar lawsuits. In these suits, all nine plaintiffs are alleging that Atrium Medical is liable for labeling, design, and manufacturing defects in its ProLite and ProLoop hernia meshes.
Why Are Atrium’s Hernia Meshes Dangerous?
Thousands of people claim that they have been harmed by Atrium Medical’s hernia mesh products, including C-QUR, ProLite, and ProLoop meshes.
Several claims against Atrium Medical include:
- Design defects: For C-QUR mesh lawsuits, plaintiffs allege that the polypropylene plastic and a coating derived from omega-3 fatty acids are not appropriate for internal medical applications. ProLite and ProLoop meshes are also polypropylene-based and have similar defects.
- Poor manufacturing practices and safety standards: In a 2013 inspection of an Atrium Medical facility for medical devices in New Hampshire, the U.S. Food & Drug Administration (FDA) observed several manufacturing problems, including violations of reporting regulations for medical devices. For instance, Atrium Medical did not make a report after learning that one of its products may have caused a patient serious injuries. The FDA requested that the U.S. Department of Justice (DOJ) intervene and stop the distribution of affected products.
- Failure to warn: Plaintiffs also state that Atrium Medical failed to warn doctors of the risks associated with their hernia mesh products—and therefore, those doctors could not warn patients of the potential complications.
As a result of these failures and defects, plaintiffs allege that Atrium Medical’s hernia mesh have caused them complications such as infections, abnormal immune responses, abdominal pain, organ damage, hernia recurrence, and other injuries.
Background on Hernia Mesh Lawsuits
Thousands of lawsuits have been filed against hernia mesh makers, including Atrium Medical, Davol Inc./C.R. Bard, and Ethicon.
The first hernia mesh lawsuits filed against Atrium Medical were based on defects in its C-QUR mesh products. At the end of 2021, Atrium Medical came to a $66 million settlement for an MDL related to its C-QUR meshes.
Now, Atrium Medical is facing litigation for its newer mesh products, ProLite and ProLoop. These lawsuits could be consolidated into an MDL in Los Angeles, per the plaintiffs’ request. However, Atrium Medical is contesting the MDL’s formation by stating that informal coordination is adequate for these cases. The Judicial Panel on Multidistrict Litigation will meet on Thursday, March 31 in New Orleans to determine the approach to consolidation in these lawsuits.
People Harmed by Defective Hernia Mesh Can Seek Compensation
If you were injured by a hernia mesh product made by Atrium Medical or another manufacturer, you could recover compensation for your medical expenses, unnecessary suffering, and more.
An attorney can help you understand your legal options and explain your eligibility to join an MDL against Atrium Medical. Fill out our contact form today to get help from a hernia mesh lawsuit lawyer in our network.