Atrium Medical Corp. makes C-Qur mesh products for implanting in the body, for problems such as hernias. However, a number of people with C-Qur implants have alleged that the implants are defective and cause problems of their own, such as higher rates of infection. Some of these people have filed lawsuits against Atrium, and over 2,000 of these lawsuits have been assembled into a Multi-District Litigation (MDL) case. This short-form complaint seeks to join the MDL case.
Also named as a defendant in the case is Maquet Cardiovascular US Sales, LLC. Atrium is a subsidiary of Maquet Holding.
Atrium’s C-Qur products are made with polypropylene mesh. Polypropylene is an inexpensive plastic. The mesh is coated with Omega 3 fatty acids sourced from fish oil. This coating is meant to reduce the risk of adhesions, or scar-like tissue connections that may form between the body and the mesh. However, the coating can wear off, at which point the mesh no longer protects the body from adhesions any better than uncoated meshes.
People with mesh implants can also end up with bowel obstructions and may have a higher rate of infection. In fact, one of the claims against the product is that some people have allergic reactions to the fish oil coating and that this causes infections.
In addition, some people allege that Atrium did not comply with safety standards in the design and manufacture of the C-Qur products.
The plaintiff in the short-form complaint is James D. Brainerd, Jr., who is suing Atrium over C-Qur products. The mesh was implanted in Brainerd in 2010; it was explanted in July 2019. Both of these operations were performed at Mobile Infirmary Medical Center in Alabama, where Brainerd lives.
The short-form complaint lists his injuries as “Explant of mesh, extensive adhesions plastered to mesh, pain, recurrent incisional hernia repaired with mesh.”
The short-form complaint lists the counts in a check-off form. The checked options include Negligence, Negligent Misrepresentation, Gross Negligence, and Negligent Infliction of Emotional Distress; Strict Liability (Design Defect, Manufacturing Defect, Failure to Warn, Defective Product); Breaches of Warranties; Fraudulent Concealment and Constructive Fraud; violations of consumer protection laws; Unjust Enrichment; and Discovery Rule, Tolling, and Fraudulent Concealment.
The complaint also requests punitive or enhanced compensatory damages, along with disgorgement of profits, attorneys’ fees and costs of the suit, prejudgment interest on damages, and “[s]uch other and further relief as this Court deems just and proper.
Article Type: LawsuitTopic: Medical Devices
Most Recent Case Event
Atrium C-Qur Mesh Infections and Adhesions MDL Short-Form Complaint
January 20, 2021
Atrium Medical Corp. makes C-Qur mesh products for implanting in the body, for problems such as hernias. However, a number of people with C-Qur implants have alleged that the implants are defective and cause problems of their own, such as higher rates of infection. Some of these people have filed lawsuits against Atrium, and over 2,000 of these lawsuits have been assembled into a Multi-District Litigation (MDL) case. This short-form complaint seeks to join the MDL case.
Atrium C-Qur Mesh Infections and Adhesions MDL Short-Form ComplaintCase Event History
Atrium C-Qur Mesh Infections and Adhesions MDL Short-Form Complaint
January 20, 2021
Atrium Medical Corp. makes C-Qur mesh products for implanting in the body, for problems such as hernias. However, a number of people with C-Qur implants have alleged that the implants are defective and cause problems of their own, such as higher rates of infection. Some of these people have filed lawsuits against Atrium, and over 2,000 of these lawsuits have been assembled into a Multi-District Litigation (MDL) case. This short-form complaint seeks to join the MDL case.
Atrium C-Qur Mesh Infections and Adhesions MDL Short-Form Complaint