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3DMax Hernia Mesh Lawsuit

Bard's 3DMax hernia mesh is prone to wrinkling and folding, causing many patients to experience chronic groin pain. 3DMax lawsuits are being filed for those who have had mesh removal or are in chronic pain

3DMax Lawsuits

The 3DMax hernia mesh is manufactured by the medical device company C.R. Bard and their subsidiary Davol, both of which are now owned by Becton Dickinson. The 3DMax is utilized to repair inguinal or groin hernias. The 3DMax hernia mesh is Bard’s second most implanted proprietary hernia mesh product after the PerFix Plug. The 3DMax is the 4th most commonly filed Bard hernia mesh lawsuit in MDL 2846. The 3DMax hernia mesh accounts for approximately 7% of the nearly 20,000 hernia mesh lawsuits filed against Bard in MDL 2846. As such, there are approximately 1,500 3DMax lawsuits filed against Bard Davol in MDL 2846.

3DMax’s Defective Design Increases Profits

Prior to the introduction of the 3DMax hernia mesh in the late 90s, inguinal hernias were repaired with simple flat sheets of polypropylene if mesh was even necessary to utilize in the first place. However, companies can’t make large profits selling simple flat pieces of hernia mesh, because such a design is off patent and any company can make a flat piece of polypropylene hernia mesh. Flat pieces of hernia mesh are like generic drugs – they don’t sell for much money. But, if a hernia mesh has a unique design, it can be patented and sold for a lot more money. With the 3DMax Bard/Davol changed from a flat design to a concave or curved design that was intended to “fit the contours of the inguinal canal.” The 3DMax lawsuits allege that changing from a flat design increases the rate of mesh deformation. Many plaintiffs that have filed 3DMax lawsuits have alleged that the 3DMax hernia mesh wrinkled or folded after implantation, causing significant pain and requiring additional surgical procedures. 

3DMax Protecting Profits

Blue Medial Marker on 3DMax

The two main inguinal hernia meshes that Bard/Davol sells are the PerFix Plug & Patch and the 3DMax. However, the PerFix Plug has come under much criticism due to it’s high rate of complications, such as mesh migration. The HerniaSurge Group, an international group of top hernia surgeons, published in 2018 that surgeons shouldn’t utilize mesh plugs. The 3DMax is important to Bard so that they don’t lose their market share of the inguinal hernia mesh market as the PerFix Plug continues to lose favor of hernia mesh surgeons. Without the Perfix Plug or 3DMax, Bard would be left with selling cheap flat sheets of polypropylene for surgeons to repair inguinal and groin hernias with. Bard has now begun to pivot its hernia mesh product lines to a new fully resorbable polymer sold under the brand name Phasix. 

3DMax Chronic Pain & Mesh Deformation

3DMax lawsuits allege high rates of chronic pain and mesh deformation, such as wrinkling and folding. Numerous patients implanted with the 3DMax have had to have a testicle removed due to their spermatic cord being densely adhered and trapped in the failed 3DMax hernia mesh implant. One reason the 3DMax deforms at a high rate is due to its unique curved design. As the 3DMax hernia mesh shrinks, the curved design is more likely to wrinkle, fold, or as some surgeons describe, “claim shell”. The 3DMax is also made of a heavier-weight polypropylene than any of Bard’s other hernia mesh products that have ever been on the market. The thicker polypropylene filament helps the 3DMax maintain its curved design. The extra heavyweight polypropylene utilized in the 3DMax incites excessive chronic inflammation at the implantation site. The significant chronic inflammatory response incited by the 3DMax can irritate nerves causing chronic pain, and also results in tissue and mesh contraction.

Orchiectomy (Testicle Removal) Due to 3DMax

Numerous plaintiffs with 3DMax lawsuits filed against Bard in MDL 2846 have had one or both of their testicles removed as a result of complications from the 3DMax hernia mesh. The 3DMax is intended to be implanted on top of the spermatic cord and other sensitive inguinal tissues. The heavyweight polypropylene of the 3DMax can adhere to the spermatic cord and begin to squeeze on the spermatic cord as the 3DMax hernia mesh shrinks over time. This can cause severe testicular pain and eventually cut off blood flow to the testicle. To alleviate their chronic testicular pain, many patients undergo nerve blocks, nerve removals, mesh removal, and eventually an orchiectomy or testicle removal.

3DMax Hernia Mesh Utilized Cheap, Not For Permanent Human Implantation Polypropylene

Edge of 3DMax

Not only does the 3DMax hernia mesh utilize excessively heavyweight polypropylene, the polypropylene utilized in the 3DMax hernia mesh is not intended for permanent human implantation. The 3DMax is one of many hernia mesh devices that Bard made that utilized Phillips Marlex polypropylene. The material safety data sheet (MSDS) for the Marlex polypropylene utilized in the 3DMax hernia mesh contains a very prominent warning that the polypropylene should not be utilized for permanent implantation in the human body. The 3DMax hernia mesh lawsuits allege that Bard was aware that the 3DMax was being made with non-medical grade polypropylene, but continued to selling the 3DMax. Furthermore, the 3DMax lawsuits allege that Bard did warn surgeons implanting the 3DMax or the patients the 3DMax was implanted into that the 3DMax was made out of non-medical grade polypropylene. Of note, medical-grade polypropylene does exist and could have been utilized to make the 3DMax hernia mesh. 

MSDS warning for Bard Marlex polypropylene

3DMax Hernia Mesh Trial

To date, there has not been a Bard 3DMax hernia mesh trail. There have currently been two bellwether trials in the Bard hernia mesh lawsuit MDL 2846. The fourth bellwether trial in the Bard hernia mesh litigation is set to be a 3DMax hernia mesh case. The plaintiff in what is set to be the first 3DMax hernia mesh trial is Mr. Jacob Bryan. The 3DMax hernia mesh trial is currently set for January 2024. The 3DMax hernia mesh folded inside of Mr. Bryan and he continues to experience chronic pain as a result. Mr. Bryan is represented by Brett Vaughn of Nigh Goldenberg Raso & Vaughn.

3DMax Hernia Mesh Attorney

For a free 3DMax hernia mesh lawsuit consultation, call 202-792-7927. Brett Vaughn of Nigh Goldenberg Raso & Vaughn is court appointed by the judge in MDL 2846 to the Plaintiffs’ Executive Committee (PEC) to help lead the Bard hernia mesh litigation. Stay up to date on the Bard hernia mesh lawsuits with our Bard hernia mesh MDL 2846 page, or our Bard MDL 2846 Case Management Orders page. 

Free Consultation

Fill out the form below or call Nigh Goldenberg Raso & Vaughn today for a free consultation 202-792-7927

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