Suit Filed Against Manufacturer of Failed Hernia Repair Patch
Posted by
Christina ColeDecember 28, 2006 1:25 PMMotley Rice LLC, together with co-counsel Wexler Toriseva Wallace LLP, announced today that it has filed suit against Davol, Inc. a manufacturer of the Composix Kugel Mesh Patch, a medical device used in hernia repair surgeries.
The suit was filed in the Superior Court in the State of Rhode Island on behalf of Jimmy Warren of St. Charles County, Missouri, whose Kugel Mesh Patch failed allowing a product recall that caused severe abdominal pain and resulted in necessary bowel dissection surgery to remove the patch that failed. Additional defendants include N.J. based C.R. Bard, Inc. which is the parent company to Davol, Inc.
Mr. Warren underwent hernia surgery on January 6, 2004, at which time he received a Kugel Mesh Patch developed by Davol, Inc. The next year, Davol recalled many Kugel Mesh Patches under an FDA Class 1 recall (medical devices that are potentially life-threatening or that can cause serious risk to the patient). In 2006, the recall was expanded to include the patch Mr. Warren has. Following his surgery, Mr. Warren had abdominal tenderness and the report states, another hernia had developed by 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."