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Pelvic Mesh Lawsuit Involves Device Used for Hernia Repair

While the pelvic mesh lawsuit number continues to grow, another type of surgical mesh is also making its presence known in courtrooms across the country. The Kugel Mesh Patch, manufactured by Davol and C.R. Bard and used in surgical hernia repair, has been the subject of numerous complaints. Although the product was recalled by the manufacturer in 2006, those injured by surgical mesh complications continue to come forward in court to seek compensation for their injuries.

Lawsuit alleges faulty device led to ongoing medical problems

The latest lawsuit was filed by Carolyn Rice and her spouse on April 16, 2013, in U.S. District Court in the Middle District of Louisiana. Rice alleges that after she was implanted with the Kugel Mesh Patch, she experienced serious complications that required additional surgery. Rice continues to suffer injuries and damages from the defective patch to this day.

The original patch was surgically implanted on August 4, 2004, as part of a hernia repair procedure. The Kugel patch was designed for this specific purpose to repair incisional hernias that sometimes develop in thinning scar tissue after surgery. The patch is inserted into the hernia site using a small incision. A memory recoil ring allows the patch to be inserted in a folded state, and then springs into position once it is placed in the proper location.

The memory recoil ring was recalled by the manufacturer and the FDA in 2006, when it was discovered the ring could break under pressure. Once it is broken, it can migrate to other areas of the abdomen, resulting in bowel perforation, chronic intestinal fistula (abnormal connections between the intestines and other organs) and serious infections. Surgical removal of the mesh may be necessary to correct the problem. However, this procedure carries additional risk to the patient, due to damage caused by the initial device.

Plaintiff reports surgical mesh complications

Like others who’ve filed a pelvic mesh lawsuit, Rice suffered myriad complications after implantation with the mesh device. She experienced chronic abdominal pain, bowel and urinary problems and infection. On December 12, 2012, Rice underwent additional surgery to have the defective device removed. However, she continues to suffer from injuries and damages today.

Thousands of lawsuits involving mesh products like the Kugel have been coordinated into multidistrict litigation. C.R. Bard has settled a large number of those cases, with a total settlement amount of around $184 million. Bard also has a growing pelvic mesh lawsuit number filed against them, by more than one transvaginal mesh lawyer claiming the defective devices manufactured by Bard left their clients with serious injuries.

The plaintiffs in this case are seeking compensatory and statutory damages from Davol and C.R. Bard for an unspecified amount. They list numerous counts in their lawsuit, including construction and composition defect, failure to warn, and breach of warranty. Rice’s husband has also added loss of consortium to the complaint, alleging his wife’s injuries led to his loss of companionship, support and services.