As part of a nationwide medical product liability case that is being overseen by a federal court in Northern Georgia, several trials are in the process of being scheduled. These so-called “bellwether” trials, which will be the first involving the “physiomesh” product manufactured by a subsidiary of Johnson & Johnson, are slated to start in September 2019.
These initial trials will help both the hundreds of plaintiffs and the defendant decide whether to go forward with a global settlement of all claims and, if so, under what term and conditions.
While it showed promise as an innovative product about 8 years ago, “physiomesh” was pulled from the market last year after reports of problems with the product started to pour in from all parts of the country. In many cases, victims had to have corrective surgery because of the damage this surgical mesh caused.
As the age of robotic surgery and laparoscopies emerged, the physiomesh product was promoted as a means of keeping hernias in place and also helping with the repair of other organs in a patient’s abdominal cavity. The manufacturer of the product, however, is accused of either minimizing or outright ignoring the possible risks and side effects of this product, risks which could include, for instance, the mesh slipping out of place and moving to another part of a person’s body.
While these initial trials are pending, many expect additional lawsuits to be filed by other victims across the country. Many of these cases will likely get transferred to the “multi-district litigation” in the Georgia federal courts.
This story illustrates another case in which a manufacturer, which was perhaps in a hurry to get a new and promising product on the market, has been accused of selling a potentially defective and dangerous medical device to the public. Those who have been affected by this or other surgical mesh products may have legal options, including the option of filing a product liability lawsuit in order to obtain compensation for one’s losses.
Source: LawyersandSettlements.com, “Ethicon physiomesh bellwether trials to start in September, 2019,” Gordon Gibb, March 30, 2018.