Atrium Medical Corp. secured a win when a federal court in Chicago ruled in their favor on a contaminated mesh claim. A federal jury delivered the verdict following a six-day trial before the U.S. District Judge Mary Rowland. Atrium Medical faced a liability lawsuit by a male patient who accused them of supplying adulterated surgical mesh for his 2013 hernia mesh repair surgery.
Court documents showed the plaintiff, Randy Africano, sued the New Hampshire-based Atrium Medical in 2017. The plaintiff claimed the mesh used by his surgeon in 2013 for his hernia repair procedure was not sterile and caused an infection. As a result of the contaminated mesh, there was a build-up of fluid at the surgical site. In 2016, he had corrective surgery at the site.
Furthermore, Africano alleged that the surgeon used a batch of Atrium’s ProLite mesh manufactured in April 2013. This was seven months after the U.S. Food and Drug Administration alerted the company of problems with its system of verifying sterilization at its New Hampshire factory. It was also one month before Atrium submitted its Sterilization Response Quality Plan to the FDA.
In their defense, Atrium said the fluid buildup was a seroma — a known surgical complication unrelated to the mesh. The company added that there was no evidence or that the mesh was unsterile when it left the factory. Lastly, Atrium said there had been no other complaints of infection from the batch. The court gave both sides until November 16th to file post-judgment motions.
Atrium Medical might have won this case, but it faces about 3,000 product liability lawsuits over its C-Qur hernia mesh products. These lawsuits regarding contaminated mesh allegations fall under the expertise of our mass tort lawyers. So, contact us today for a free case review if you suffered any complication from a hernia mesh product.