Atrium Medical Corp. has inked a deal that will allow it to escape claims that it sold defective surgical mesh, and now those who say they were harmed by it are asking a New Hampshire federal judge to set up a settlement fund so the unspecified amount of money can start to be distributed.
The settlement, which is confidential, ends litigation that has winded through Judge Landya B. McCafferty’s court for nearly half a decade, without Atrium admitting any liability or wrongdoing.
The multidistrict litigation launched in 2016 and includes more than 1,000 cases that claimed Atrium intentionally misled doctors about the dangers of the C-QUR Mesh, which was meant to be used for hernia repair. The plaintiffs questioned how the mesh was designed, whether Atrium and other companies knew that the mesh purportedly could cause allergic flare-ups and whether the product contained sufficient warnings.
The motion says that Atrium will have almost nothing to do with the fund beyond paying the confidential amount into it and providing legally required forms and some data.
In October, Atrium Medical convinced a Chicago federal jury that it was not responsible for the serious and permanent injuries a man claimed to have suffered due to the company’s hernia mesh. The case seems not to be part of the MDL.
LAW360: https://www.law360.com/articles/1447590/court-asked-to-create-fund-in-atrium-defective-mesh-mdl