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 Code) 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”). There are currently thousands of Physiomesh lawsuits pending in the United States. A hernia mesh lawsuit attorney answers several important questions about Physiomesh hernia mesh lawsuits. This post also answers important questions concerning product recalls.
Is Ethicon’s removal of PHYSIOMESH™ from market a removal or a recall?
What is the difference between a recall and market removal? Is it six one half dozen of the other? Does anyone care? At the end of the day, who cares? Well, the answer to that is: Ethicon cares, apparently. Ethicon cares enough to get its high powered 300 attorney law firm to try to censor this legal blog and threaten us with a lawsuit. Ethicon should care. They are the ones who may need to open up the vault to pay seriously injured victims.
Should anyone care whether removal of PHYSIOMESH™ was a recall or a removal?
It is all semantics. The issue is:
- Is PHYSIOMESH™ defective and unreasonably dangerous?
- Did Physiomesh cause damages and complications to victims?
- How much compensation should Ethicon pay to the surgical mesh victims as a result of mesh complications and side effects?
The legal definition of a recall: “What is RECALL 2. Removal of a contaminated or defective good by its manufacturer , either voluntarily or when forced by a watchdog agency.” Law Dictionary: What is RECALL? definition of RECALL (Black’s Law Dictionary)
Complications can result from defective hernia mesh
There are dozens of complication that are caused by defective hernia mesh implanted in a victim’s body as a result of a surgical procedure. Some of the complications constitute: Mesh migration, bacterial infections, hernia recurrence, additional surgeries to treat hernia recurrence.
Lawyersandsettlements.com, citing the Food and drug administration (FDA), listed certain complications, “Pain, Infection, Bowel obstruction, hernia recurrence, adhesion (when the mesh adheres to the patient’s tissue), infection, obstruction, adhesion (when the mesh adheres to the patient’s tissue), recurrence, perforation” Lawyers and settlements
Types of Hernia Mesh Claims we are reviewing
- Ethicon Physiomesh™
- Atrium C-QUR
- Covidien hernia mesh
- Composix® Kugel® mesh patches (manufactured by C.R. Bard subsidiary Davol)
- All C.R. Bard mesh patches made of Marlex polypropylene
Johnson and Johnson Ethicon hernia mesh recall
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 Database DHDB). 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
The removal letter went on to state in pertinent part, “Based on the currently available data, we believe the higher rates to be a multifactorial issue (including possible product characteristics, operative and patient factors), but we have not been able to fully characterize these factors. Consequently, we have not been able at this time to issue further instructions to surgeons that might lead to a reduction in the recurrence rate and have decided to remove ETHICON PHYSIOMESH™ Composite Mesh from the global market. Medical Device Removal of Ethicon Physiomesh Flexible Composite Mesh
Ethicon’s removal of ETHICON PHYSIOMESH™ is a gift to class action attorneys and hernia mesh lawsuit lawyers. This letter and the subsequent withdrawal (Johnson and Johnson denies this was a recall) appears to be a stunning admission of liability on behalf of Johnson and Johnson related to ETHICON PHYSIOMESH. Product liability attorneys who specialize in defective medical device litigation have now commenced the process of holding Johnson and Johnson’s subsidiary Ethicon accountable for their conduct.
Rhode Island (RI) and Massachusetts (MA) defective medical device lawyers and product liability attorneys are preparing litigation to get justice and accountability for injured and suffering victims. A high powered hernia mesh attorney knows how to hold corporate America accountable for their malfeasance.
The Hollis Law firm states, “The Physiomesh lawsuit is against Ethicon, a subsidiary of Johnson & Johnson. The Physiomesh is made from polypropylene and is intended for hernia repair. Ethicon has been battling lawsuits for years against its transvaginal mesh products, which are also made from polypropylene. Ethicon continues to deny the life-threatening complications that polypropylene causes. However, Ethicon issued a market withdrawal on the Physiomesh in May of 2016.” Hollis Law
Hernia Mesh litigation attorneys
Many injured victims are searching google seeking information with the following types of searches: “ethicon physiomesh flexible composite mesh”, “ethicon physiomesh “, “physiomesh complications”,”ethicon physiomesh recall 2016″, “hernia mesh lawsuit”, “surgical mesh class action lawsuit”, “hernia mesh lawsuit settlements”, “hernia mesh lawyers”, “hernia mesh surgery”.
“A product recall is a request from a manufacturer to return a product after the discovery of safety issues or product defects that might endanger the consumer or put the maker/seller at risk of legal action.”
The recall is an effort to limit ruination of the corporate image and limit liability for corporate negligence, which can cause significant legal costs. It can be difficult, if not impossible, to determine how costly can be releasing to the consumer a product that could endanger someone’s life and the economic loss resulting from unwanted publicity. Recalls are costly. Costs include having to handle the recalled product, replacing it and possibly being held financially responsible for the consequences of the recalled product.” Wikipedia
Legal Notice per Rules of Professional Responsibility: The Rhode Island Supreme Court licenses all lawyers and attorneys in the general practice of law, but does not license or certify any lawyer / attorney as an expert or specialist in any field of practice. While this firm maintains joint responsibility, most cases of this type are referred to other attorneys for principle responsibility.
