Fifteen patients allegedly harmed by Atrium’s Prolite or Proloop hernia mesh filed a motion with the U.S. Judicial Panel on Multidistrict Litigation to consolidate their cases into a multidistrict litigation (MDL). If the MDL petition is granted, the victims’ cases would be consolidated before one judge in the U.S. District Court for the Central District of California, rather than be tried in four different U.S. District Courts.
Because the patients’ claims are nearly identical, the plaintiffs argue that it would be a waste of judicial resources and inefficient to have the same evidence-gathering (discovery) processes repeated in multiple courts, reported LawyersandSettlements.com on the patients’ motion for transfer.
More than one million hernia operations are performed every year. Surgical mesh is used in approximately 80% of these repairs.
Atrium is already facing thousands of lawsuits over its C-Qur hernia mesh device, and more are being filed over its Prolite and Proloop brand devices. What the three hernia mesh medical devices have in common in the complaints is that the propylene used in the device is allegedly rejected by the patients’ bodies, causing an autoimmune reaction.
Other reported problems caused by Atrium hernia mesh include nerve or tissue damage caused by cracks that form in the mesh itself. This can result in patients experiencing severe pain.
It has also been reported that numerous studies reveal that hernia mesh cracks occur in up to 50% of surgically-implanted polypropylene mesh within four weeks after hernia mesh surgery is performed.
Plaintiffs who have filed lawsuits against Atrium accuse the medical device manufacturer of ignoring reports of side effects allegedly caused by its hernia mesh medical devices and continuing to market the products.
In addition to the Atrium C-Qur MDL, two other medical device manufacturers face pending MDLs: C.R. Bard and Ethicon. According to one law firm involved in hernia mesh litigation, as of Dec. 15, 2021, there were nearly 15,000 hernia mesh lawsuits pending against Bard and almost 3,600 against Ethicon.