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Indianapolis-based law firm Cohen & Malad LLP has taken a lawsuit to trial in New Jersey that alleges a medical device used to repair hernias causes life-threatening complications and says the case will be a bellwether for dozens of other lawsuits filed against the device’s makers.
The law firm’s suit was filed on behalf of patient Theresa Blakely of Kentucky against LifeCell Corporation, Allergan Inc. and Allergan USA Sales Inc. Blakely also is represented by Ketterer, Browne & Associates.
Blakely’s suit alleges that the defendants’ Strattice hernia repair mesh made of pig tissue failed after her initial surgery, requiring additional repair.
David W. Field, an attorney representing the medical device makers, declined to comment on the case. He is a partner at Lowenstein Sandler LLP, a national law firm with lawyers based in New Jersey, New York, California, Utah and Washington, D.C.
Cohen & Malad said in a news release that their client’s claims are similar to hundreds of reports received by Food and Drug Administration. The law firm said patients have reported painful and debilitating complications after the mesh was implanted, including hernia recurrence, abdominal swelling, gastrointestinal distress and obstruction, abscess, infection, organ punctures, internal bleeding, and more.
The case went to trial earlier this month after Atlantic Superior Court Judge John C. Porto declined to grant summary judgment on several counts involving allegations of design defect, failure to warn and breach of warranty.
Ned Mulligan, co-lead counsel for Blakely and a partner at Cohen & Malad, said he was pleased with the decision.
“This ruling will positively impact the cases of hundreds of plaintiffs who were harmed by Strattice,” Mulligan said in written remarks. “We look forward to presenting this case to a jury.”
The plaintiff’s counsel rested their case before a jury on Thursday. The defense is scheduled to start presenting its case on Monday and closing arguments could come as soon as March 21.
The case is among dozens of Strattice-related lawsuits centralized and coordinated under Judge Porto for discovery and pre-trial purposes. However, each lawsuit is a separate case.
The case is In Re Strattice Hernia Mesh Litigation: Theresa Blakely v. Lifecell Corp., et al., ATL-L-1214-22.
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