1st Ethicon Physiomesh lawsuit to head to trial

1st Ethicon Physiomesh lawsuit to head to trial

Johnson & Johnson’s Ethicon Inc. will defend itself in the first Physiomesh lawsuit to go to trial next year.

The trial is scheduled for Jan. 22, 2018 in Illinois’ Southern District.

Medical device giant Ethicon Inc. is facing allegations that its hernia mesh product Physiomesh is causing an increasing number of complications in patients. The company withdrew the hernia mesh from the market last year citing an increased risk of recurrence and revision surgery over other mesh brands.

Illinois resident Matthew Huff filed the Physiomesh lawsuit that is now scheduled to go to trial in January 2018.

Huff was implanted with Ethicon’s Physiomesh in 2013 to repair an abdominal wall hernia. Two years later he was back in the hospital after suffering from severe abdominal pain, fever, chills and redness on his abdomen.

Surgeons found an infection in and around the Physiomesh which had caused significant damage to his abdomen and intestines. Huff suffered two abdominal abscesses and intestinal fistulas from the Physiomesh requiring additional surgery.

Huff filed his initial complaint against Ethicon on April 1, 2016, accusing the company of negligence, strict liability, and breach of warranty.

In the lawsuit, Huff accused Ethicon of designing what he called an “unreasonably dangerous” and defective product. He alleged Physiomesh was not adequately tested and said the product did not meet Ethicon’s usual standards and requirements.

Huff’s lawsuit (Case No. 3:16-cv-00368) will be the first Physiomesh lawsuit to go to trial and will be held before District Judge J. Phil Gilbert in the Southern District of Illinois.

The trial was originally scheduled for July 31, 2017, but was pushed back when Ethicon and Huff filed a joint motion to extend the date. The two parties said the extension was necessary because of the complex issues in the case.

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