You are receiving this letter because Bailey & Galyen had or has an attorney client relationship with you or a family member. As such, we want you to know about these dangerous medical devices and drugs that have caused serious injuries and damages: Hernia Mesh Implants, Inferior Vena Cava (IVC) Filters and Xarelto.

hernia mesh implants


Hernias occur when a hole or weak spot occurs in the muscle or connective tissue that allows an organ, intestine or fatty tissue to come through the body cavity or abdominal wall. Two of the most common hernias occur in the inner groin (“inguinal”) and in the general abdominal or ventral wall (“ventral”). Hernias must be addressed, and ultimately corrected by surgery. The surgery can be laparoscopic where several small incisions that are made allow the surgeon to repair the hernia with surgical tools, or by open repair where an incision is made to perform the repair. Hernia mesh has been used frequently in the incisional repair procedure. While surgical mesh may decrease the high hernia recurrence rate, it has many serious complications. The FDA’s own analysis of hernia mesh medical device adverse event reports and of peer-reviewed, scientific literature found that the most common adverse events following hernia repair with mesh are pain, infection, hernia recurrence, adhesion, bowel obstruction, mesh migration and mesh shrinkage (contraction).

There are two polypropylene mesh “sandwich” products, Ethicon’s Physiomesh and Atrium’s C-QUR. In 2006, Atrium began to market and sell its C-QUR product, and in 2010, Ethicon began to market and sell Physiomesh. The word “sandwich” is used here to describe the polypropylene component being laminated between two layers of poliglecaprone, a bioresorbable polymer used to form an anti-adhesion barrier between the polypropylene and the host tissue. This anti-adhesion barrier increases the risk that the graft will not incorporate into the abdominal wall, causing the graft to fold, buckle and migrate, posing a threat to adjacent organs. It is also known to incite an inflammatory response in the implant’s surrounding soft tissue. That inflammatory response can cause complications that include but are not limited to pain, graft rejection, graft migration, organ damage, adhesions, complex seroma, fistula, sinus tract formation, delayed wound closure, infection, sepsis, and death.

On May 25, 2016, Ethicon sent a worldwide letter to doctors recalling their hernia repair product Physiomesh. On August 9, 2013, the FDA announced a class 2 recall of the C-QUR mesh.

Inferior Vena Cava (IVC) Filters


An IVC FILTER is a small medical device that is inserted into the inferior vena cava, a large blood vessel that brings blood from the lower half of the body into the heart. These filters are a temporary measure to catch blood clots and prevent them from traveling into the lungs.

In recent years, inferior vena cava (IVC) filters have been at the center of controversy and litigation. Reports of defective IVC filters, left in the body too long, have been associated with serious health consequences and even death.

Retrievable IVC filters are designed to remain in the body for a short period of time, and must be removed when the risk of PE diminishes. When not removed in a timely manner, these filters can cause serious health problems, including tilting or the filter moving out of position, migration or movement of the filter in the vena cava, perforation or piercing of the vena cava wall that the filter is attached to that can cause internal bleeding, and fracture or breaking of the legs of the filter allowing the legs to move through the body and affect vital organs and the spine.

These life-threatening complications are usually the result of a defective medical device. Though there are several manufacturers of IVC filters, there are two that have been the center of litigation: Cook Medical and C.R. Bard. Five filters, in particular, have been associated with an increased risk of injury:

  • Cook Celect
  • Cook Gunther Tulip
  • Bard G2 Express
  • Bard G2
  • Bard Recovery

Xarelto (Rivaroxaban)


Xarelto is a newer anti-coagulating agent (blood thinner), preventing blood from clotting. Originally researched, developed, and clinically tested by Bayer AG in 2010. Through a joint-venture agreement, Janssen R&D, LLC acquired rights to co-develop Xarelto in the U.S. Janssen also filed and supported NDA process for FDA approval. Janssen holds U.S. marketing rights for Xarelto, and Bayer AG co-promotes Xarelto to US hospitals through its well-established sales force.

Xarelto received its first approval as a prophylaxis in preventing Deep Vein Thrombosis (DVT) and Pulmonary Embolism (PE) in patients undergoing hip or knee replacement surgeries on July 1, 2011. A short 4 months later, on November 2, 2011, Xarelto was approved for treatment of DVT and PE, and the reduction in risk for DVT and PE. This approval opened the door to Xarelto’s enormous financial potential for Janssen and Bayer. Since November 4, 2011, Xarelto has been approved for treatment to reduce the risk of stroke and systemic embolism in patients with non-valvular Atrial Fibrillation (or Afib).

Xarelto is prescribed to reduce the risk of stroke and blood clots in individuals with atrial fibrillation, to treat deep vein thrombosis and pulmonary embolisms, and to reduce the risk of blood clots forming in the lungs and legs of individuals following knee or hip replacement surgery. Its advantage over the class of anticoagulant drugs is that it does not require regular blood monitoring, no frequent dosage adjustments, and no known dietary restrictions. However, Xarelto can pose serious and life-threatening uncontrolled bleeding.

Xarelto has been linked to:

  • Gastrointestinal bleeding
  • Cerebral hemorrhage
  • Excessive menstrual bleeding
  • Excessive nose bleeds
  • Unexplained bruising
  • GI discomfort
  • Blood in stool and/or urine

Manufacturer Janssen failed to provide adequate warnings about the risks of taking Xarelto. It failed to advise the medical community and its patients that there is no antidote, meaning that once a bleed develops, doctors may have no way to stop the bleed.

If you, a friend or family member had one of these medical devices implanted in them or suffered a serious injury from the dangerous drug, Xarelto, call Bailey & Galyen at 281.549.9555 to discuss your potential product liability claim against the medical device and drug manufacturer. The doctor who implanted the medical device or prescribed the drug is rarely sued in these cases, as these are product defect cases against the manufacturer of the defective and dangerous products.

Phillip Galyen

Principal Office Bedford, TX