J&J and Its Subsidiary Sued Over Ethicon Physiomesh Defects

J&J and Its Subsidiary Sued Over Ethicon Physiomesh Defects

Introduction

Another product liability lawsuit was filed against Johnson & Johnson and its Ethicon subsidiary, wherein the plaintiff alleged that he had to undergo a revision surgery to have the Physiomesh removed after developing a hernia mesh bowel obstruction caused due to design defects linked to the mesh implant.

The case will be a part of the other 469 centralized claims before U.S. District Judge Richard Story in the Northern District of Georgia under MDL No.2782: In re Ethicon Physiomesh Flexible composite Hernia Mesh Products Liability Litigation. The plaintiff alleges that Ethicon was aware of numerous defects in the Product, despite this it manufactured, marketed, and distributed the product with the intent they would be implanted in patients, knowing very well it could cause injury and harm to the patients.

On January 16, 2018, the court released a Practice and Procedure Order requiring the Plaintiffs’ Profile Form submission no later than March 1, 2018. Henceforth, the Plaintiffs have to file a Profile Form within 60 days of their filing along with copies or electronic files of all medical records in their possession, custody, or control (including any medical records in their attorney’s possession) related to the claims and/or alleged injuries, including, but not limited to, records that support product identification with signed authorizations.

Also, Judge Story has called on the parties involved in the litigation to select a group of 24 claims, to serve as potential bellwether trials beginning in September 2019. The selections are to be made by May 15, with completed Plaintiff Fact Sheets for those cases due by June 15, and Defendant Fact sheets due by July 31.

The Judge also ordered for the second selection of 10 cases, five each from the parties involved, to be added to the pool by June 22. The Plaintiff Fact Sheets for those cases will be due by July 13, and the Defendant Fact Sheets will be due by August 21.