Bard Perfix Lawsuit Claims Hernia Mesh Is Toxic, Unreasonably Dangerous

C.R. Bard and Davol, Inc. face a product liability lawsuit over problems with Perfix mesh, which allegedly caused a man to experience severe complications and inflammation following hernia repair surgery, which ultimately led to the need for additional procedures to remove the “toxic” mesh. 

The complaint (PDF) Was filed by Bruce. C. Baptist in the U.S. District Court for the Eastern District of Louisiana on November 17, indicating that the Bard Perfix mesh is unreasonably dangerous and toxic, posing a risk of severe reactions once placed within the human body.

Baptist had Perfix mesh implanted in his body during a hernia repair procedure in November 2015. According to the lawsuit, the mesh causes the body to attack it as a foreign substance, is weakened by the sterilization process, causing it to weaken and degrade, and releases a number of other chemicals into the body that are toxic.

“Defendants’ polypropylene surgical mesh is made of woven polypropylene which is a cheap plastic that degrades and erodes through tissue once implanted,” the lawsuit states. “The woven design of polypropylene surgical mesh creates small pores or holes. Nerves grow into the small pores or holes and attach to polypropylene surgical mesh soon after implant. As polypropylene surgical mesh erodes, polypropylene surgical mesh pulls and stretches the attached nerves causing debilitating pain.”

Baptist’s complaint indicates that the Bard Perfix product has been linked to a number of reports of hernia mesh complications, including erosion, mesh degradation, tissue reactions, allergic reactions, mesh migration, shrinkage, infection, pain, bleeding, urinary problems, organ perforation, and hernia recurrence. The lawsuit indicates that it is often difficult or impossible to completely remove.

Hernia Mesh Litigation

Baptist’s case joins a growing number of similar hernia mesh lawsuits filed in recent months over design defects associated with several different widely used surgical repair products.

Other widely used hernia repair products introduced in more recent years have also been identified in recent lawsuits, including the Atrium C-Qur patch and Ethicon Physiomesh, the latter of which was removed from the market last year amid reports of problems.

The Atrium C-Qur, pronounced “Secure”, was approved by the FDA in March 2006, featuring a polypropylene mesh with an outer coating of gel made from 3 fatty acids. However, this design has been linked to reports of severe infections, allergic reactions and other problems.

Ethicon Physiomesh was introduced in March 2010, featuring a unique, multilayered design that was intended to improve performance. However, amid a high number of failures, an Ethicon Physiomesh recall was issued in May 2016, removing the product from the market worldwide. While the action was classified as a “market withdrawal” in the United States, the manufacturer has indicated that it will not be returning the product to the market.

Most of the current cases filed in courts nationwide involve Atrium C-Qur lawsuits or Ethicon Physiomesh lawsuits. However, new cases involving problems with Perfix Mesh and other recalled Bard hernia repair products continue to be filed as well.