C-Qur Hernia Mesh Judge Pauses Discovery in New MDL

U.S. District Judge Landya B. McCafferty stayed all discovery proceedings in Pretrial Order No. 1, until an initial case management conference is held on February 24 in Atrium Medical Corp. C-Qur Mesh Products Liability Litigation.

At the conference, attorneys can express interest in the roles of lead counsel. The judge appointed Robert Bonsignore of Bonsignore Trial Lawyers PLLC of Las Vegas, NV, as temporary lead counsel.

Introductory briefs in the case, MDL Docket No. 16-md-2753-LM in the US District Court of New Hampshire, are due February 17 concerning the parties’ views on the appointment of a plaintiffs’ steering committee, the nature of the action and principal defenses, whether a consolidated complaint should be filed, and a list of all prior settlement discussions.

Inflammatory bowel response

Since the Judicial Panel on Multi-district Litigation created MDL 2753 on December 1, a total of 21 actions have been filed.

The litigation involves allegations that defects in defendants’ C-Qur mesh products incite an inflammatory response that promotes bowel adhesion formation, impedes proper abdominal wall fixation, and causes additional severe complications.

The company announced a worldwide market withdrawal of the product on May 25, 2016, after unpublished registry data indicated that Physiomesh was associated with higher recurrence and revision rates after laparoscopic ventral hernia repair compared to another set of mesh. A Physiomesh lawsuit pending in the U.S. District Court, Southern District of Illinois, will likely be the first case to go to trial, with jury selection scheduled to begin on January 22, 2018. (Case No. 3:16-cv-00368-JPG-PMF).

Atrium, which is headquartered in New Hampshire promotes the C-Qur line of surgical mesh products for permanent abdominal wall reinforcement in hernia surgeries, claiming that the C-Qur Mesh’s proprietary Omega-3 barrier coating reduces scar tissue formation between the mesh and the patient’s intestines (clinically known as “adhesions”) while promoting permanent fixation of the mesh to the abdominal wall.

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