In 2020, COVID-19 shut down most courtrooms in the United States. But in 2021, courtrooms are reopening. Plaintiffs who suffered from defective mesh medical devices will have their day in court.
On January 25th, Judge Richard Story will preside over Ethicon’s 1st case with Jim Crumbley as the plaintiff. The victim alleged that he was implanted with a Physiomesh in Stockbridge, Georgia, in 2014.
At the time, he had suffered a ventral incisional hernia. In December 2016, Jim had another hernia surgery, which included retrieving pieces of the Physiomesh. Together with his wife, Diane Crumbley, the man alleged strict product liability for defective design.
The two are claiming against the defendant’s failure to warn, manufacturing defects, as well as negligence. Jim and Diane are also alleging violation of Georgia Consumer Protection laws, gross negligence, and loss of consortium.
Physiomesh is a flexible composite mesh. It is a synthetic polypropylene-based mesh used to repair hernia defects. DS (polydioxanone) film coats the mesh; it is a unique design for Ethicon.
The product promised to minimize adhesions and inflammation while facilitating the mesh’s incorporation into the abdomen. The plaintiffs allege that the multi-layers prevented adequate incorporation of the mesh into the body and weakened its strength.
Ethicon, a subsidiary of Johnson & Johnson, withdrew Physiomesh from the market in May 2017. Jim and Diane hope to show they pulled the product from the market due to the incoming complaints. If they succeed, they will receive compensation for the harm suffered.
This defective mesh medical devices lawsuit is one out of the 3,334 federal defective product cases Ethicon is facing. The company sold over 300 000 Physiomesh devices worldwide before the recall, with half in the United States. The decision of this case will set the bar for others.
If you have been injured by a defective mesh medical device, you need to contact a mass tort attorney.