ST LOUIS — A Bollinger County man is suing the manufacturer and distributor of hernia repair mesh products, citing alleged breach of implied warranty.
Larry Jordan filed a complaint Aug. 11 in the U.S. District Court for the Eastern District of Missouri Southeastern Division against the Ethicon Inc. and Johnson & Johnson Inc., alleging the defendants 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, on May 16, 2012, the plaintiff received a Physiomesh implant to repair a ventral hernia. The plaintiff claims he was forced to undergo a revision surgery to remove the implant because it adhered to the abdominal wall and caused other complications. As a result, Jordan 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 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, interest or other relief he is entitled to receive. He is represented by James G. Onder, Williams W. Blair and Michael J. Quillin of Onder, Shelton, O'Leary & Peterson LLC in St. Louis.
U.S. District Court for the Eastern District of Missouri Southeastern Division case number 1:17-cv-00130-ACL