Noddy A. Fernandez Apr. 13, 2017, 1:18pm

ST. LOUIS — A patient is suing Ethicon Inc. and Johnson & Johnson Inc., for alleged breach of implied warranty.

Robert Asplin filed a complaint on April 11 in the U.S. District Court for the Eastern District of Missouri against the defendants alleging that they failed their duty to use reasonable care in designing, testing, inspecting, manufacturing, packaging, labelling, marketing, distributing and preparing written instructions and warnings for Physiomesh product.

According to the complaint, the plaintiff alleges that on Dec. 22, 2016, he was forced to undergo a revision surgery due to complications from the defendants' Physiomesh composite mesh implanted laparoscopically to repair an incisional hernia. The plaintiff claims he was diagnosed with with incarcerated omentum, recurrent hernia, pain and complication from adhesions requiring lysis. 

As a result, Asplin claims he suffered personal injuries, financial loss and medical expenses. 

The plaintiff holds Ethicon and Johnson & Johnson responsible because the defendants allegedly failed to design and/or manufacture products that are fit for their intended use and failed to provide adequate warnings and instructions concerning the risks of using the product.

The plaintiff requests a trial by jury and seeks judgment for compensatory and punitive damages in an amount not less than $75,000, as well as costs, attorney fees and any other relief to which the plaintiff is entitled. He is represented by William W. Blair, James G. Onder and Michael J. Quillin of Onder, Shelton, O'Lear and Peterson LLC in St. Louis and Michael G. Daly of Pogust Braslow and Millrood LLC in Conshohocken, Pennsylvania.

U.S. District Court for the Eastern District of Missouri Case number 4:17-cv-01295

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U.S. District Court for the Eastern District of Missouri
111 S 10th St
St. Louis, MO 63102

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