The Patterson case was the first of more than 2,400 lawsuits in the Covidien hernia mesh MDL to reach a jury. The litigation, * In re: Covidien Hernia Mesh Products Liability Litigation No. II *, MDL No. 3029, is pending in the U. S. District Court for the District of Massachusetts before U. S. District Judge Patti B. Saris.
Kelsey Stokes, who is Plaintiffs’ Co- Lead Counsel in the MDL and who also tried the Patterson case, said the following,“ We tried and won this case using the sworn testimony of high-ranking officials at Covidien and Medtronic. They told the jury very plainly that this barrier does not work after seven days. This company needs to take a good long look at the sworn testimony and internal documents as this MDL will only continue to swell in size the longer the Symbotex label continues to conceal the truth about the dangers of this and other Covidien hernia mesh products.”
A Barrier That Did Not Last
The product at the center of the Patterson trial was Covidien’ s Symbotex Composite Mesh, one of the devices identified in the plaintiffs’ Master Long Form Complaint.
Composite hernia meshes are intended to provide structural support while limiting direct contact between the permanent mesh and internal organs. Symbotex incorporated a collagen barrier intended to minimize visceral attachment during healing.
According to the evidence presented by the Pattersons, physicians were led to expect that the barrier would remain effective for approximately 30 days which would effective minimize the risk of mesh adhesions to bowel and resulting complications, such as bowel obstruction or fistulae. The plaintiffs alleged that the barrier was resorbed in approximately seven days— well before the period surgeons had been led to expect.
During opening statements, O’ Brien put the warning issue directly before the jury.
“ No one will darken that door, come into court, and say we told Larry Pat-
56 The Trial Lawyer