In an order submitted on December 18, defendants must furnish eight exemplary samples for ten different variations of Ethicon Physiomesh at the earliest by next month. The Court expects some of the samples to be kept for other purposes though plaintiffs may conduct destructive testing on some of them. The remaining samples would be returned to Ethicon when the multidistrict litigation concludes.
Ethicon took off their Physiomesh in May 2016 from the global market following reports from two European hernia registries that the mesh was prone to cause complications requiring correction surgeries compared to other products available in the market. Though official recalls were conducted in Canada and other countries, in the U.S Ethicon informed healthcare providers to return any implants which were unused. Over 1,600 lawsuits have been filed against Ethicon in the Georgia federal court, all with similar complaints of inadequate pre-market testing and negligent conduct to forewarn doctors and patients about the risks of Physiomesh. Plaintiffs claimed the mesh is defectively designed and leads to infections, adhesions, and chronic pain. Hundreds of hernia mesh lawsuits linked to Ethicon Inc 's Physiomesh Composite Flexible Mesh are moving forward in the U.S. District Court, Northern District of Georgia overlooked by Judge Richard W. Story. The bellwether trials for the federal Physiomesh cases would begin in December 2019.