In May 2009, Cathleen Carson had surgery to repair a hernia and her doctor used a
polypropylene mesh made and sold by Atrium Medical Corp, Maquet
Cardiovascular US Sales LLC, Maquet Cardiovascular LLC and Maquet Medical
System USA. Following the surgery, Ms. Carson experienced problems and she
sued the makers of the hernia mesh asserting the following claims:
• Breach of express and implied warranties;
• Failure to warn;
• Negligent misrepresentation; and
• Strict liability.
According to the complaint, after the surgery, Ms. Carson suffered from “severe
abdominal pain, inability to eat solid food, difficultly ambulating and serve leg pain
due to nerve damage. “
The Defendants filed a motion to dismiss the complaint. The Judge granted
Defendants’ motion to dismiss Ms. Carson’s manufacturing defect claim.
The Judge stated, “Plaintiff does not point to specific facts to support negligence in
the manufacturing process; she simply makes general statements that Defendants
were negligent in the manufacturing process.”
However, the Judge has allowed claims of negligent failure to warn and negligent
misrepresentation against the maker of hernia mesh. The Court ruled that the
plaintiff has adequately pled that the manufacturers failed to warn her physicians
of the device’s risks and misrepresented it as effective and safe.
If you are a victim of faulty medical medical mesh, contact our office at (561) 686-6300 to set up a consultation.