Cases Identified For Trials In Ethicon Physiomesh MDL

Cases Identified For Trials In Ethicon Physiomesh MDL

Introduction

U.S. District Judge Richard Story, presiding over all federal Ethicon Physiomesh lawsuits, identified four cases that will be prepared for early bellwether trials set to begin later this year.

According to a Practice and Procedure Order dated July 28, Judge Story identified four cases selected by the parties for trial work-up. The cases have gone through case-specific and expert discovery that will be completed in the following weeks.

The first trial is expected to begin on November 2, 2020, which will involve the lawsuit selected by the plaintiffs. The second trial will involve one of the remaining three claims that will be selected by the defendants by October 12 and is scheduled to start on February 22, 2021. The third trial is expected to involve the consolidation of the remaining two claims and is set to begin on May 10, 2021.

The outcome of these cases will not bind to other plaintiffs involved in the litigation. It is designed to help parties understand how juries respond to certain evidence in the cases, which will eventually influence any hernia mesh settlement that the manufacturer will offer to avoid the need for thousands of future claims to go before juries nationwide.

Ethicon Physiomesh is a flexible, composite, macroporous, and partially absorbable mesh made of non-absorbable polypropylene by Johnson & Johnson. FDA approved the use of Ethicon Physiomesh in March 2010 for the repair of hernias and other fascial deficiencies that require the addition of strengthening or bridging material to obtain the desired surgical result. A hernia is a condition that occurs when an organ, intestine, and/or tissue squeezes through a hole or weak point in the surrounding muscle or connective tissue. The number of hernia repair operations performed every year in the USA is remarkable.

Despite the already existing mesh implants in the market, the sale of Ethicon Physiomesh increased after the FDA approval as it was promoted as a physiologically well-designed device, offering strong and comfortable healing and giving an exceptional intraoperative handling benefit. But within a few years, Ethicon globally recalled the Physiomesh after thoroughly considering the data which was revealed out of Hernia registries.

Currently, about 2,800 Ethicon Physiomesh lawsuits are pending in the federal court system. Each lawsuit claims that the manufacturer sold an unreasonably dangerous and defective product that resulted in painful and debilitating complications, leading to revision surgery for removal of the product. The lawsuits are consolidated under MDL No.: 2782 in the Northern District of Georgia.