Physiomesh Defective Product Injury Lawsuits May Include Oklahomans

Hernias are a common ailment in Oklahoma and around the United States. One of the most

common treatments for serious hernias is a hernia mesh device used during hernia repair

surgeries. According to the U.S. Recall News, some hernia devices used to treat the condition

are actually doing more harm than good for many patients.

The report listed Ethicon Physiomesh as one of several hernia mesh products linked to serious

health complications. If you or someone you know suffered serious health complications from the

Ethicon Physiomesh, legal remedies are available to help recover from the injury.

Contact Richardson Richardson Boudreaux PLLC for more information.

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Understanding Hernias in Oklahoma Patients .......................................... 4

Hernia Mesh Patches in Oklahoma ............................................................ 5

Symptoms from a Defective Hernia Mesh ................................................. 5

What is a Physiomesh? ................................................................................. 6

What Makes Physiomesh an Oklahoma Defective Product? ..................... 7

Are Physiomesh Complications .................................................................. 8

the Same as Other Defective Meshes?

Legal Remedy against Ethicon is Oklahoma .............................................. 8

Defective Product Lawsuit

Proving an Oklahoma Physiomesh ............................................................. 9

Product Liability Claim

Legal Help: Understanding Oklahoma Physiomesh ................................ 10

Defective Product Claim

Attorney Bios .............................................................................................. 11

Table of Contents

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A hernia occurs when either an internal organ or other body part protrudes through a person’s

wall of tissue or muscle. The wall of muscle or tissue normally is able to contain the internal

organ or other body part.

However, when a person’s muscles or tissue is weakened, the internal organ, fatty tissue or layers

of tissue can squeeze through the weakened area. Once it squeezes through the area forms a sac.

Most hernias happen within the abdominal cavity located between a person’s chest and hips.

Understanding Hernias in Oklahoma Patients

THE TYPE OF HERNIA A PERSON HAS DEPENDS ON THE LOCATION AND INTERNAL ORGANS INVOLVED. THEY INCLUDE:

Hiatal hernia: part of a person’s stomach pushes into the chest cavity and three the diaphragm.

Inguinal hernia: Men sustain an inguinal hernia in the blood vessels and spermatic cord leading to their testicles. Women sustain an inguinal hernia in their round ligament that supports their womb.

Femoral hernia: This type of hernia occurs when part of the intestines or fatty tissue protrudes into the groin area around the inner thigh area.

Umbilical, or stomach, hernia: part of the intestine or fatty tissue pushes through the stomach area near the belly button.

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Sometimes hernias go away without medical intervention. For other patients, surgery is needed

to repair the hernia. During the surgery, the protruding internal organ or tissue is placed back in

its original area.

The weakened muscle is then stitched back

together. After surgically correcting the

hernia, a surgeon may opt strengthen the

weakened muscle by a mesh device against

the affected area. The mesh device also

keeps the area from re-opening.

The mesh plug or patch used can be either synthetic or non-synthetic. Synthetic meshes are created

with materials such as ePTFE, polyester fibers and polypropylene. Non-synthetic meshes are made

from biological material donated from humans or derived from animal skin.

Patients who have undergone hernia repair surgeries have complained of symptoms from their

hernia mesh device. The complications do not occur because of the procedure. Instead, they

occur because the mesh device used was defective. A defective product is any type of product

placed on the market that is harmful to the consumer.

Hernia Mesh Patches in Oklahoma

Symptoms from a Defective Hernia Mesh

MESH DEVICE COMPLICATION INCLUDE:

· Hernia recurrence · Organ perforation · Rejection · Scar tissue · Mesh contraction · Blocking of large and small intestines

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Ethicon, a subsidiary of Johnson & Johnson makes the product. The mesh devices are made from

polypropylene, and is only intended to be used for hernia repair involving inguinal and abdominal hernias.

In Oklahoma and Around the Country, Physiomesh was Voluntarily Recalled in May 2017

In April, 2010, the U.S. Food and Drug

Administration, or FDA, approved the Ethicon

Physiomesh.

Polypropylene is the same material the

manufacturer used to make its trans-vaginal

mesh. Both its trans-vaginal mesh and bladder

slings, were recently the subject of defective

product lawsuits.

The only difference is the manufacturer placed coating on both sides of Physiomesh to stop the

direct destruction of polypropylene mesh when it came in contact with human tissue.

The manufacturer’s 510 (k) approval allowed the company to skip the pre-market research. It claimed

Physiomesh was similar to another mesh device, the Proceed hernia patch, that it manufacturers. In

June 2014, Ethicon received FDA approval to introduce a modified version of the Physiomesh.

In 2016, the manufacturer sent an urgent safety notice to all doctors telling them to no longer use

Physiomesh for their hernia repairs. Its notice is called a voluntary recall. The FDA has not issued

a mandatory recall of the product.

Ethicon denies Physiomesh is a defective product.

What is a Physiomesh?

Polypropylene is the same material the manufacturer used to make its trans-vaginal mesh. Both

its trans-vaginal mesh and bladder slings, were recently the subject of defective product lawsuits.

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A defective product is any type of product introduced to the market that injuries or kills a consumer

when used properly. The product can be designed or made in a way that it is dangerous to the

consumer. Physiomesh appears to have a design defective.

As mentioned before, Physiomesh has a coating on both sides. Unlike other types of mesh

devices with coating, Physiomesh has a thicker coating. The thicker coating is intended to

prevent intestines from coming in contact with the polypropylene because the material will stick

to any human tissue.

If polypropylene sticks to intestines, it can cause a severe injury. However, there is also a

problem if the polypropylene does not stick to the intended area. The mesh may move, or

migrate, to another area of the body and cause complications.

In the 2014, a modified Physiomesh version, was introduced to the market. Ethicon used

a lightweight polypropylene material. This means the manufacturer used less material.

Unfortunately, the potential design flaw means the mesh is weaker. Some patients have

experienced Physiomesh tearing apart inside them.

What Makes Physiomesh an Oklahoma Defective Product?

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Are Physiomesh Complications the Same as Other Defective Meshes?No. Many of the Physiomesh injury complications do include some symptoms like hernia recurrence other complications include:

· Fistulas · Tissue adhesion · Infection · Mesh migration, or movement · Bowel obstruction · Chronic pain

· Foreign body response · Damage to nearby organs · Mesh shrinkage

As of March 2017, 22 lawsuits involving Ethicon’s mesh device have been filed in federal courts

around the county. For instance a Florida woman recently filed a defective product liability against

Ethicon regarding the Physiomesh. She alleges sustaining complications after the mesh engulfed

her internal organs. She had to undergo additional surgery to remove the mesh device.

A Massachusetts man filed a lawsuit against Ethicon after receiving Physiomesh during his 2013

surgery. The man alleges he suffered a second hernia. During that repair, his surgeon discovered

small parts of his intestines had looped into the mesh causing the complications.

In many lawsuits, such as the Florida lawsuit, plaintiffs’ allege Physiomesh was defectively

designed and/or manufactured. They claim the mesh device was not safe to use in hernia repair

and the risk of the design outweighed any potential benefits associated with the product.

Legal Remedy against Ethicon is Oklahoma Defective Product Lawsuit

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Proving an Oklahoma Physiomesh Product Liability ClaimIn general, to successfully prove damages in a product liability claim, a plaintiff must show specific things called elements. These elements are:

· The plaintiff was injured or sustained a loss when using Physiomesh. The term “sustain a loss” refers to family members filing a wrongful death claim because their loved one died. The injury can vary from a recurring hernia to bowel obstruction. · The Physiomesh product was defective · The defect in the Physiomesh caused the plaintiff’s injury. For instance, the plaintiff suffered a severe symptoms because the mesh moved from one place to another. · The product was used properly. All product liability claims require a plaintiff to use the product as directed to have a viable claim. Using the product incorrectly means they did not follow instructions. For instance, a surgeon used the mesh to cover burned skin instead of a hernia repair.

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The makers of the Physiomesh does not admit any wrongdoing in designing or making the

product. All current and potential lawsuits may be combined into one lawsuit. This is called a

class action defective product lawsuit.

However, any person who underwent a hernia repair and had Physiomesh inserted, may have

a legal claim against Ethicon. Claims often start when a person discovers they have sustained

a Physiomesh defective injury such as chronic pain. The next step involving filing a claim and

pursuing damages such as medical bills, pain and suffering and mental anguish.

Legal Help Understanding Oklahoma Physiomesh Defective Product Claim

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We’ve recovered over $500 million in compensation for our clients.

To benefit from our thorough representation, call Richardson, Richardson, Boudreaux PLLC at 918.347.6456 for a free initial consultation

or visit www.RRBOK.com for more information.

Gary L. RichardsonFounding Attorney

A Renowned Tulsa Personal Injury Lawyer

Charles L. “Chuck” RichardsonManaging Partner

Trusted Personal Injury Attorney in Tulsa

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Skilled Personal Injury Attorney in Tulsa

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Personal Injury Attorney in Tulsa

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