January 9, 2017 — A man from New Hampshire who needed surgery when he his body rejected hernia mesh coated in fish oil has filed a lawsuit against the manufacturer, Atrium Medical Corp.
The lawsuit (PDF) was filed on January 9 in federal court in the District of New Hampshire In RE: James D. Brown, et al. v. Atrium Medical Corp. — Case No. 1:17-cv-00004.
The 56 year-old plaintiff, James Brown, was implanted with Atrium C-QUR Mesh to repair an umbilical hernia in December 2013. His pain persisted over the next few months, but he did not learn that C-QUR Mesh was responsible for another two years, in December 2015.
In January 2016, during surgery to remove C-QUR, doctors discovered a “foreign body giant cell reaction,” fibrous scar-tissue embedded in the mesh, and other signs of complications.
Lawyers say Atrium should have known about the risk of allergic reactions to fish oil, especially in people with fish allergies, but “recklessly disregarded human life by lying to physicians about the possible causes of the allergic reactions, resulting in significantly more severe injuries.”
Atrium is already facing about 15 lawsuits, centralized in New Hampshire under U.S. District Judge Landya B. McCafferty. All of the lawsuits involve people who had allergic reactions, inflammation, infections, or other complications due to the fish oil coating on C-QUR.
Lawyers say the fish oil coating is defective because it can detach from the underlying mesh. It also requires a sterilization process that does not effectively prevent infections.
Atrium is also accused of issuing “stealth recalls” for C-QUR Mesh by simply halting production, rather than warning doctors or patients about potential risks. Atrium recalled C-QUR in 2013 due to problems with the fish oil coating peeling off, but did not stop selling the implant.
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