A number of extremely complicated defective products claims are currently going on that center around a New Jersey based surgical device manufacturer. While company Medline was making claims that it was selling surgical mesh manufactured by a local New Jersey company, what was instead reported as being sold was counterfeit surgical mesh that was manufactured in India.
The sale of this counterfeit mesh by Medline has resulted in a number of products liability claims from individuals who were injured due to the fitting of this counterfeit mesh during surgery. Apparently, the counterfeit samples were not sterile increasing the risk of infection of those receiving such mesh.
It is alleged that Medline and the India based company committed fraud. The mesh was considered “defective and unreasonably dangerous,” and this potentially could result in a great deal of pain and suffering to patients.
This will be a complicated matter for attorneys representing injured patients only in that so many companies are involved, and likely the companies involved will be pointing the finger and still other companies concerning the purportedly defective products. Still, attorneys should do all that is necessary to hold the parties accountable.
In such cases, more than just one party can be found liable for the injuries that occurred as a result of sale of these products. It has been asserted that Medline could have tested the mesh to determine whether it was sterile. In any case, Medline should be ultimately held responsible for the products that it sold – whether counterfeit or legitimate.
Companies cannot be allowed to escape liability by claiming not to understand what kind of product was actually sold.
Source: Chicago HealthCare Daily, “Medline faces slew of lawsuits over counterfeit medical product,” by Kristen Schorsch, July 24, 2012