Manufacturer of Failed Hernia Repair Patch being Sued
Posted by
Christina ColeDecember 28, 2006 8:49 PMDavol, Inc. a Rhode Island based manufacturer of the Composix Kugel Mesh Patch, a medical device that is used in hernia repair surgeries, is being sued by Motley Rice with co-counsel Wexler Toriseva Wallace LLP. The suit was filed in Rhode Island Superior Court on behalf of plaintiff Jimmy Warren of St. Charles County.
Warren, who's inserted Kugel Mesh Patch failed to work following a product recall that caused severe abdominal pain, which resulted in necessary bowel dissection surgery to remove the failed patch. Additional defendants involved in the case include New Jersey based C.R. Bard, Inc. parent company of Davol, Inc.
Mr. Warren had hernia surgery repair on January 6, 2004 when he received a Kugel Mesh Patch developed by Davol, Inc. The coming year, Davol recalled many Kugel Mesh Patches under an FDA Class I recall. In 2006, the recall expanded to include the patch that was inserted in Mr. Warren. After surgery, Mr. Warren developed abdominal pain and according to the complaints, another hernia developed in April 2006.
During surgery to repair the second hernia, a piece of the failed Kugel Mesh patch was discovered adhered to Mr. Warren's bowel. Mr. Warren was subjected to a prolonged bowel dissection to release the mesh from his bowel, leaving him with chronically inflamed bowels, as well as ongoing physical pain and mental anguish. It is alleged that the manufacturers of the Kugel Mesh Patch were aware of the high degree of complication and failure rate of the product. "It is tragic that medical device manufacturers rush their products to market without adequately testing their safety," stated Motley Rice attorney Rhett Klok. "Our client, Mr. Warren, is one of many who will now spend the rest of their life in pain because of the Kugel Mesh patch. We hope, with this lawsuit, that we will raise awareness of this issue and help bring justice to those harmed."