The JPMDL consolidated all Ethicon Physiomesh Flexible Composite Hernia Mesh litigation in the federal courts before Judge Richard W. Story in the Northern District of Georgia.
About 70 actions were pending in 36 district courts, and dozens of law firms are involved in this litigation. The docket will be in MDL No. 2782.
The JPMDL (Judicial Panel on Multidistrict Litigation) ruled that all the actions share common factual questions about defects in defendants’ Physiomesh hernia mesh, which can lead to complications when implanted in patients, including herniation through the mesh, recurrent hernia formation and/or rupture, and deformation of the mesh.
Many plaintiffs charge that the multi-layer coating in Physiomesh prevented adequate incorporation of the mesh into the human body, and caused to a variety of serious complications and that the polypropylene mesh part of the Physiomesh was insufficient to withstand normal abdominal forces.
Ethicon argued unsuccessfully that individual factual issues will predominate about the wide variety of alleged injuries, causation, and the timing of each plaintiff’s injury as it relates to the warnings
given with the product and the applicable statute of limitations. The JPMDL has rejected the argument
that products liability actions must allege identical injuries to call for centralization. See, for example, In
re: Cook Medical, Inc., IVC Filters Mktg., Sales Practices & Prods. Liab. Litig., 53 F. Supp. 3d
1379, 1381 (J.P.M.L. 2014).