WHO is pursuing Atrium C- QUR™ lawsuits in Federal Court?
Hernia mesh settlement 2017
We are reviewing Atrium C-QUR™ claims (Lap – no FX) for potential individual lawsuits in United States Federal Courts. These Atrium C-QUR™ cases are pending before the UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW HAMPSHIRE.
The Honorable United States District Judge Landya McCafferty is presiding over these medical device product liability claims. The Court is located at the U.S. District Court District of New Hampshire. The Court is located at 55 Pleasant Street Room 110 Concord, NH 03301, 603.225.1423.
The official case caption for the MDL is: In Re: Atrium Medical Corp. C-QUR™ Mesh Products Liability Litigation (MDL No. 2753) MDL Docket No. 16-md-2753-LM The Atrium C-QUR™ causes of action have been consolidated “for pretrial purposes” as multi-district litigation. (otherwise known as an “MDL”) For more information about filing a hernia mesh lawsuit, please visit: https://www.kugelherniameshclassaction.com/average-settlement-hernia-mesh-2017/
Many vioctims are suffwering hernia mesh problems years later and need immediate legal assistance
What orders have issued from the courts deciding the individual Atrium C-QUR lawsuits?
According to the Case Management Order #1, The Court ordered that: “The actions listed in Attachment A are consolidated for pretrial purposes. Any “tag-along” actions 
later removed to or transferred to this court, or directly filed in this court, will automatically be consolidated with this action without the necessity of future motions or orders. This consolidation, however, does not constitute a determination that the actions should be consolidated for trial, nor does it have the effect of making any entity a party to any action in which he, she, or it has not been named, served, or added in accordance with the Federal Rules of Civil Procedure.” CASE MANAGEMENT ORDER NUMBER 1, January 13, 2017
The 2nd Case Management order declares that, “In order to eliminate delay and to promote judicial efficiency, any plaintiff whose case would qualify for transfer to MDL No. 2753 under the Judicial Panel on Multidistrict Litigation’s December 8, 2016 transfer order (doc. no. 1) may file his or her complaint directly in MDL No. 2753 in this court. Defendants reserve the right to object to the inclusion of any such action in this MDL.” CASE MANAGEMENT ORDER NO. 2 (Direct Filing and Waiver of Service)
What is multi-district litigation (MDL)?
“Multi-district Litigation is litigation comprised of multiple civil cases involving one or more common questions of fact which have been transferred by the Judicial Panel on Multidistrict Litigation from multiple federal district courts across the country to a single federal district court for coordinated or consolidated pretrial proceedings under 28 U.S.C. Section 1407.” United States District Court District of New Hampshire, MDL
WHAT are the Atrium C-QUR™ lawsuits about?
The C-QUR™ hernia mesh victims who have filed lawsuits in Federal Court are asserting that the Atrium C-QUR™ device is defectively designed. They also alleged that they were not properly warned of the device’s dangers. These litigants allege that such medical devices caused them certain complications including:
- Pain and suffering
- Swelling
- Adhesions
- Obstructions
- Mesh migration
- Bacterial infections
- Hernia recurrence
- Additional surgeries to treat hernia recurrence
WHEN can I file a lawsuit?
You can file a hernia mesh claim after you retain a top hernia mesh attorney
WHERE are the Atrium C-QUR™ lawsuits filed?
UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW HAMPSHIRE
Are these C-QUR™ hernia mesh cases a Class action?
No the Atruim C-QUR™ claims are individual lawsuits with each victim represented by their own hernia mesh attorney. It is important that you retain one of the best hernia mesh lawyers in the United States. Information regarding asbestos here.
WHY did this occur?
Atrium utilized the controversial 510(k) Premarket Notification process to get C-QUR™ approved. On 03/31/2006 the FDA determined that ATRIUM MEDICAL CORPORATION C-QUR MESH aka “C-QUR™ Mesh” is “Substantially Equivalent (SESE)” to another type of mesh marketed years prior. By using the 510 (k) process Atrium avoided the strenuous testing protocol usually required by the FDA.
On March 31, 2007 the FDA wrote a letter to Atrium stating, “We have reviewed your Section 5 10(k) premarket notification of intent to market the device referenced above and have determined the device is substantially equivalent (for the indications for use stated in the enclosure) to legally marketed predicate devices marketed in interstate commerce prior to May 28, 1976, the enactment date of the Medical Device Amendments, or to devices that have been reclassified in accordance with the provisions of the Federal Food, Drug and Cosmetic Act (Act) that do not require approval of a premarket approval application (PMA). You may, therefore, market the device, subject to the general controls provisions of the Act.” https://www.accessdata.fda.gov/cdrh_docs/pdf5/K050311.pdf
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