The first Physiomesh hernia mesh medical device trial, Matthew Huff v. Ethicon Inc, will take place on January 22nd, 2018 in the Southern District of Illinois, United States District Court. The Plaintiff victim in that case, Matthew Huff, is alleging that Physiomesh is defective and unreasonably dangerous and caused him severe complications and symptoms.
Huff also alleges that Physiomesh “was negligently manufactured, tested, distributed, and marketed” by Ethicon. Huff did not stop there. He alleged that “the mesh at issue was not reasonably tested to determine if it was fit for its intended purpose of implantation into the human body.” See complaint
Physiomesh hernia mesh lawsuit 2018- jury trial on the merits
Huff’s surgical mesh lawsuit is against Ethicon Inc. Ethicon Inc. is the manufacturer of the hernia mesh medical device, Physiomesh. Ethicon Inc. is a corporate subsidiary of Johnson and Johnson. Matthew Huff filed a complaint against Ethicon Inc. on 04/01/16 in the United States District Court, Southern District of Illinois. Plaintiff complaint Matthew Huff is a resident of West Frankfort, Illinois. He was one of the first Physiomesh victims to file a lawsuit. Since, Mr Huff filed his hernia mesh lawsuit, there have been dozens of additional lawsuits filed by mesh victims against Ethicon, alleging Physiomesh caused them severe complications and symptoms. see also ETHICON PHYSIOMESH™ HERNIA MESH INDIVIDUAL LAWSUITS: INFORMATION
It is unknown whether Ethicon made any settlement offers to Mr. Huff. Will Mr. Huff receive a hernia mesh settlement 2017?
Claims we are reviewing for potential mesh lawsuits against Johnson & Johnson and Ethicon Inc:
Justice Phil Gilbert will be presiding judge of the mesh lawsuit trial
The Mathew Huff trial will be the first Ethicon Physiomesh lawsuit to go to trial. The trial will be in the capable hands of *Senior Judge J. Phil Gilbert from the Southern District of Illinois, United States District Court. On March 14th, 2015 Judge Gilbert assumed his important duties as Senior District Judge for the Southern District of Illinois, United States District Court. The attorney for Ethicon Inc. is Bettina J. Strauss from BRYAN CAVE LLP One Metropolitan Square 211 North Broadway, Suite 3600 St. Louis, MO 63102-2750 E-Mail: email@example.com Illinois # 6220600 see also, ETHICON’S ATTORNEYS “JUDGE SHOP” FOR FAVORABLE FORUM TO AVOID PHYSIOMESH LIABILITY
Mesh attorneys sought continuance of mesh lawsuit
This hernia mesh lawsuit was originally scheduled for a trial on July 31st, 2017. “On July 12, 2016, this case was assigned to Track B, and a presumptive trial date was issued for July 31, 2017.” Productlawyers Court filings indicate that the hernia mesh attorneys and mesh law firms representing Johnson and Johnson and the victim needed more time to prepare for the hernia mesh lawsuit. The mesh law firms sought to continue the hernia mesh trial for six additional months. The surgical mesh law firms cited “the complex issues in this case” as the basis for seeking a continuance. The hernia mesh attorneys were able to continue the trial from the original date of July3, 2017 to the new trial date of January 22nd, 2018 Read the JOINT MOTION FOR REASSIGNMENT OF CASE TO TRACK C
Matthew Huff filed his defective hernia mesh lawsuit in 2016. Huff was seeking justice and compensation as a result of an allegedly defective Physiomesh hernia mesh medical device implanted in order to repair a ventral hernia.
Hernia mesh lawsuit : Judge Gilbert’s resume:
- “Appointed by: President George H.W. Bush, 1992.
- Law School: Loyola University of Chicago School of Law, J.D., 1974.
- Prior Legal Experience: Gilbert & Gilbert, 1974-1988; Special Assistant Attorney General,
1974-75; Assistant City Attorney, City of Carbondale, 1985-78; Vice Chairman and
Chairman of the Illinois State Board of Elections, 1981-1985.
- Prior Judicial Experience: Illinois Circuit Judge, 1988-1992″ http://faculty.rwu.edu/dzlotnick/profiles/gilbert_files/gilbert.pdf
Read Judge Gilbert’s case management procedures here
Allegations made by victim in Hernia mesh lawsuit:
Mathew Huff alleged that “…Ethicon Physiomesh® Flexible Composite Mesh, was defective, unreasonably dangerous, and not suitable for implantation in Matthew Huff and others similarly situated and was the producing cause of the injuries and damages to Plaintiff.” Huff also went on to state that “The mesh at issue was not reasonably tested to determine if it was fit for its intended purpose of implantation into the human body.” complaint
“Huff was overcome with severe abdominal pain, fever, nausea, chills, and redness in July 2015. Doctors diagnosed him with an infection, two abscesses and an intestinal fistula. He was treated appropriately, but is now left with serious health problems associated with the failed hernia mesh including two open abdominal wounds that require cleaning and dressing every day.” Rightinginjustice
According to Drugwatch, “Two years after Huff initially received the mesh in 2013, he developed severe pain, fever, chills and nausea. Huff went to the hospital where doctors found infection surrounding the implant.Huff’s lawsuit claims he suffered abscesses and an intestinal fistula — a condition where organs abnormally fuse together — that required additional surgery to treat.” Drugwatch
What happened to Matthew Huff
“In 2013, Plaintiff Matthew Huff was treated for a hernia of the abdominal wall. The surgeon,, Udaya Liyanage, M.D. used Ethicon Physiomesh® Flexible Composite Mesh for the hernia repair. Ethicon Physiomesh® Flexible Composite Mesh was manufactured, designed, tested, and marketed by Defendant Ethicon, Inc. The Ethicon Physiomesh® Flexible Composite Mesh is an implantable tissue-separating mesh designed to be physiologically compatible with the abdominal walL In July of 2015, Mr. Huff began experiencing severe pain in his abdomen, along with fever, nausea, chills, and redness which developed on the skin of his abdomen. Mr. Huff was hospitalized and found to have an infection in and around the mesh causing two abdominal abscesses, intestinal fistula, and underwent a procedure to debride the two abscesses, and the placement of a V.A.C. Since that time, Plaintiff Matthew Huff has suffered severe and serious problems and complications with two open abdominal wounds which have to be deaned and packed daily, and continues to suffer various infirmaries due to complications caused by the, product, Ethicon Physiomesh® Flexible Composite Mesh, that was designed, marketed, tested,and manufactured by Defendant Ethicon, Inc.” complaint
Allegations made in Matthew Huff v. Ethicon Inc, hernia mesh lawsuit:
- “Plaintiff believes and alleges that the specific mesh in question was unreasonably dangerous in that the benefits of the specific mesh were outweighed by the risks of harm.”
- “Plaintiff believes and alleges there were, at the time of the original manufacture and sale of the mesh in question, reasonable economically and technologically alternative feasible designs which would have afforded users such as and including Plaintiff with the same or greater benefits, while reducing the risk of harm.”
- “Plaintiff believes and alleges that the mesh in question did not, at the time of manufacture and sale, comport with Ethicon, Inc’s own standards and requirements for the product.”
- “Plaintiff believes and alleges that the deviation from intended design has made the product unreasonably dangerous.”
- “Plaintiff believes and alleges that this defect existed at the·time·the product left the manufacturer.”
- “Plaintiff believes and alleges that the defect caused the product to adhere to Plaintiffs internal organs in such as way that has caused him severe infection and further injuries”
- “Defendant Ethicon, Inc. did not provide foreseeable customers such as and including Plaintiff, his physicians, hospital staff, and/or other members of the medical community with reasonably sufficient technical information about the risks of using the Ethicon mesh in question and was negligent in such conduct which was a proximate cause of Plaintiffs injuries and damages.”
- “Plaintiff further believes that Defendant Ethicon, Inc. was on notice of the problems with the product due to adverse event reports and complaints that were made to Ethicon, Inc. by users such as physicians and patients after which a reasonably prudent manufacturer would have removed the product from the market prior to the time that Matthew
Huff was implanted with the Ethicon Physiomesh® Flexible Composite Mesh.”
- “Plaintiff alleges that the surgical mesh in question was negligently manufactured, tested, distributed, and marketed by Defendant Ethicon, Inc , therefore Ethicon, Inc. is liable under a theory of implied warranty in that the Ethicon, Inc. mesh was not reasonably suited for its intended purposes, such as implantation in the human body. The mesh was also unfit for the ordinary purposes for which it was used and the implied warranty of merchantability was breached. Such breach of implied warranties were a proximate cause of Plaintiffs injuries and damages. Plaintiff has provided the required notice for breach of warranties to Defendant Ethicon, Inc.” https://www.clg.org/pdf/9/0/1/1/U.S.-Complaint-1—Physiomesh—Ethicon.pdf
What types of information are Ethicon Physiomesh victims searching for:
Victims in the United States, Canada and across the world are seeking information about the following: physiomesh settlement, physiomesh symptoms and ethicon physiomesh problems.
On May 27th, 2016 a subsidiary of Johnson and Johnson, Ethicon, issued an urgent medical device removal of its “ETHICON PHYSIOMESH™ Flexible Composite Mesh (All Product Codes. In
the letter, Johnson and Johnson stated, “We have initiated a worldwide medical device removal of ETHICON PHYSIOMESH™ Flexible Composite Mesh (for laparoscopic use) (“ETHICON PHYSIOMESH™ Composite Mesh”). We are removing the product following an analysis conducted at the request of the Ethicon Medical Safety Team of unpublished data from two (2) large independent hernia registries (Herniamed German Registry and Danish Hernia DatabaseDHDB). The recurrence/reoperation rates (respectively) after laparoscopic ventral hernia repair using ETHICON PHYSIOMESH™ Composite Mesh were higher than the average rates of the comparator set of meshes among patients in these registries. ” Medical Device Removal of Ethicon Physiomesh Flexible Composite Mesh