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August 23, 2017

Motley Rice medical device attorney Don Migliori appointed to co-lead Ethicon Physiomesh® Flexible Composite hernia mesh litigation

Medical attorney Don Migliori has been appointed as co-lead counsel and a member of the Plaintiffs’ Steering Committee for multidistrict litigation filed for patients who allege they suffered severe complications after being implanted with Ethicon Physiomesh® Flexible Composite hernia mesh products.

The appointment was announced Aug. 16, 2017 by U.S. District Judge Richard W. Story of the Northern District of Georgia, Atlanta Division. As co-lead, Don will oversee a 12-member body of plaintiffs’ lawyers in “developing and implementing a litigation plan to ensure pretrial proceedings are conducted effectively, efficiently, and economically,” the Judge’s order stated.

Ethicon, a Johnson & Johnson subsidiary, voluntarily recalled its Physiomesh hernia mesh repair in May 2016 after reviews of the device found that it failed at a higher rate compared to similar products. The device was first approved in April 2010 under the FDA’s 510(k) program, a fast-tracked approval process that doesn’t require clinical trials before cleared devices are placed on the market.

“Being selected to lead such an important litigation that has seemingly impacted thousands comes as a great honor,” Don said of the appointment. “I am truly humbled and look forward to challenging the standard that allowed this defective, and potentially deadly, mesh product to not only enter the market, but stay there for six years before its safety was called into question and the device successfully recalled.”

Don previously litigated against Ethicon in the pelvic mesh/sling litigation and played a key role in the American Medical Systems settlement with Endo Pharmaceuticals that helped to pave the way for and shape additional settlements. Don also serves on the Plaintiffs’ Steering Committee for In re Bard IVC Filters Products Liability Litigation, and the Depuy® Orthopaedics, Inc. ASR™ and Pinnacle® Hip Implant MDLs. He is co-lead plaintiffs’ counsel and liaison counsel in the federal MDL, and liaison counsel for the Composix® Kugel® Mesh lawsuits consolidated in Rhode Island state court.

In addition to Don’s Physiomesh leadership, Motley Rice attorney Jonathan Orent is lead counsel in similar hernia mesh multidistrict litigation related to Atrium Medical Corp.’s C-QUR Mesh products. Motley Rice is also reviewing claims involving Composix® Kugel® mesh patches manufactured by C.R. Bard subsidiary Davol, and all hernia mesh manufactured by C.R. Bard made of Marlex polypropylene.

If you or a loved one suffered severe adverse effects after being implanted with one of the above mentioned hernia mesh products, you may contact medical device attorney Don Migliori or Jonathan Orent by email or call 1.800.768.4026.

Read the full order.