MARSHALL - A West Monroe, La., woman has filed a lawsuit against the manufacturer of the hernia repair patch mesh used during her 2004 surgery claiming that it did not correct her medical issues.
Crystal D. Rhymes filed suit against Ethicon Inc. on Oct. 17 in the Eastern District of Texas, Marshall Division.
According to the suit, Rhymes was treated on June 21, 2004, for a right femoral hernia repair with the Prolene 3D Patch mesh. She states that she was not “remedied” by the procedure and was physically worse following the surgery.
She underwent a second surgery on Jan. 4 in which the mesh was removed. She was told that the mesh had disintegrated and eroded into her internal body organs, the suit claims.
The defendant is accused of strict liability, negligence and breach of warranty.
“Plaintiff pleads specifically that the mesh, known as polypropylene mesh, was defective in that Defendant Ethicon Inc. knew, or should have known by reasonable testing, that the mesh in this particular product had a propensity to be rejected by the human body,” the lawsuit states.
The plaintiff is asking for an award of damages for physical pain and suffering, mental anguish, emotional distress, disability, physical impairment, loss of enjoyment of life, loss of earning capacity, medical expenses, attorney fees, interest and court costs.
Rhymes is represented by Dan Stroup of Dan Stroup PC in Longview and Blake C. Erskine of Erskine & McMahon LLP in Longview.
Case No. 2:12-cv-00669