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Kugel Mesh Lawsuits Favor Plaintiffs

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Dallas, TXA Texas woman filed a negligence lawsuit against the maker of Kugel Mesh, Davol Inc. and its parent company C.R. Bard Inc., in August 2011, claiming the defendants failed to adequately and properly test and inspect Kugel Mesh to determine whether it was safe.

Davol and Bard are also accused of failing to timely and adequately warn physicians after discovering the potential safety hazard and harm associated with the patches.

In July 2010, plaintiff Nancy Cotton was diagnosed with small bowel obstruction secondary to incarcerated recurrent ventral hernia with failed Composix Kugel Mesh Patch. Consequently, she required more surgeries, including exploratory laparotomy, resection of abdominal wall foreign body, extensive enterolysis and repair of recurrent ventral hernia. Cotton is seeking damages for medical expenses, loss of earnings, physical pain, mental anguish, disfigurement, physical impairment, medical losses and court costs.

Previous Kugel Mesh Verdicts

In 2010, Christopher Thorpe and Laure Thorpe were awarded $1.5 million in their products liability case against Davol and Bard. The Thorpe lawsuit was first found in favor of the defendants in a federal trial. Although Davol and Bard were found negligent in the Kugel mesh patch design, the Rhode Island jury ruled that the plaintiff did not adequately prove the negligent design directly caused or contributed to the damages he suffered. The jury in the US District Court for the District of Rhode Island, however, found Davol and Bard liable for injuries suffered due to the defective design.

The jury awarded the plaintiff $1.3 million and his wife $200,000 for loss of consortium. In Thorpe v. Davol, Inc., the Court upheld the plaintiffs' inadequate design claim, which may help other plaintiffs, such as Nancy Cotton. Two expert witnesses likely helped the case: an assistant professor of surgery at Harvard Medical School and an experienced professor of bioengineering and orthopedic surgery research at the University of Pennsylvania.

Last July 2011, the Kugel Mesh makers negotiated with more than 100 law firms nationwide, which resulted in extended settlement offers of about $184 million in approximately 2,600 lawsuits that claimed serious complications caused by the Composix Kugel Mesh patch.

More than 3,000 Kugel Mesh lawsuits are currently ongoing or pending.

Despite Kugel Mesh having been recalled three times, it is still on the market. The first "Class 1" (meaning the defect associated with the use or exposure to the device has a reasonable probability to cause serious adverse health consequences, including death) recall of the large mesh patch occurred in December 2005, another recall in 2006, and again in January 2000 included other sizes of the mesh.

Kugel Mesh Hernia Patch Legal Help

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Posted by

Tue. March 21, 2006 the Bard Complex mesh 15.2 x 20.3-cm was used on me for abdominal hernia. It has caused me discomfort over the yrs & now getting worse. At times I can feel the mesh & it is rigid & hard as I believe it is drawing up as it ages. The pain was concerning to the point I recently scheduled a colon test. The colon test report came back with no problems. I feel the areas where the mesh was secured is being pulled as the mesh draws up causing me pain. This of course will only get worse & cause tearing, & scar tissue to appear. I want the mesh taken out of me as soon as possible!
I have my hospital surgery notes from hospital records.

Posted by

In October 12 2013 I was rush to the hospital with pain after going through x-rays scan and everything else they stated I had an obstruction of my small intestine they placed a tube down my nose to empty out all the fluide from the backage I stood in the hospital for 5 days with the tube on . On 2012 I had a hernia repair with a elliptical compsix mess shortly after I was in alot of pain which I had told my doctor several times it felt as if it was cuting me which to a gi doctor did a colonpoy because I was having so much pain .

Posted by

I have had 3 surgeries for hernia repair involving mesh. Two of those surgeries were because of problems with the mesh. My last surgery to repair the failed mesh was in January 2011. Is it too late to file a lawsuit in California?

Posted by

My mother died at 48 because of this back in 2007. She started the lawsuit a month before she passed. Medicaid took pretty much everything.
I'm 30 now, and have had a hernia for about 2 years that the doctors want to fix, I can't let them do that to me also.

Posted by

My case is ready to start 28th of Nov. Met with my lawyer last sat. Am trying to get the trail moved to Houston Tx. where my case was filed in December 2007 in Fed court. I havn't had the probiems some have had, but I do pray for you and ask the same from you. My case is a buckel case and the first verdic was in favor of C R Bard regarding a buckel . That was at the first trail for a truck driver. I am ready and its going to be tough. I will be deposed next week and my wife a day latter. Same with 4 Dr. The Dr. that inplanted and explanted the mesh. And the other three on what ever Bard is up to so they think they will win the suit.


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