The Judicial Panel on Multidistrict Litigation (JPML) on Dec. 8, 2016 created the new MDL 2753 to consolidate lawsuits over Atrium Medical Corp. polypropylene surgical mesh patches.
Atrium 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.
The plaintiffs charge that the C-Qur mesh incites an inflammatory response that promotes bowel adhesion formation, impedes proper abdominal wall fixation, and causes additional severe complications.
Atrium agreed in a brief filed on Nov. 1 that the MDL should be assigned to US District Judge Landya B. McCafferty in Concord, New Hamshire.
- Atrium, based in Merrimack, NJ, had sales of $200 million in 2011, with the U.S. market accounting for 70% of sales and the remaining 30% sales through proprietary sale offices in the United Kingdom, Germany, France, the Netherlands, India, Australia and New Zealand.
- Half of the pending cases are in the District of New Hampshire and no other district has more than one C-Qur Action.
A total of 15 cases are pending in seven different federal districts. Discovery has already begun in Zissa v. Atrium Medical Corporation, Civil Action No. 5:15-CV-00718 DAE, Western District of Texas, and in Fergerson v. Atrium Medical Corporation, Civil Action No. 2:16-cv-02058, District of Kansas.
Key plaintiff attorneys include Robert J. Bonsignore of Bonsignore, LLC in Belmont, NH, Aaron Broussard of Broussard & Hart in Lake Charles, LA, and Adam M. Evans of the Hollis Law Firm in Prairie Village, KS.