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Kugel Mesh Lawsuits Still Being Filed

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Houston, TXAlthough it has been more than three years since Kugel Mesh litigation resulted in a settlement with C.R. Bard, Kugel Mesh lawsuits are still being filed. That’s because some patients received the device before the Kugel Mesh recalls began, and in some cases the hernia repair mesh reportedly can take longer to fail.

In 2011, C.R. Bard Inc. agreed to pay around $184 million to settle lawsuits consolidated in Rhode Island multidistrict litigation. The lawsuits alleged plaintiffs suffered severe harm because of defective Kugel Mesh hernia patches, which included memory recoil rings that could break after implantation resulting in abscesses and fistulas in the patient’s abdomen.

At the time, Bard faced more than 3,000 lawsuits in state and federal court regarding its hernia patches. When it announced the settlement, Bard did not admit liability. The company defended the mesh, saying that some injuries were the result of doctor error.

Bard had reportedly agreed to the settlement after a bellwether trial resulted in $1.5 million awarded to a plaintiff - Christopher Thorpe - who alleged he developed an abscess and a fistula after a Kugel Mesh was implanted to repair a ventral hernia. Bard had filed for a new trial, but a federal judge rejected the request.

Despite so much time having gone by since that settlement was announced, lawsuits can still be filed by plaintiffs who have had their mesh fail more recently. Patients who had the hernia mesh implanted prior to 2005 likely did not have it removed during the Kugel Mesh recalls, the first of which occurred in 2005. Two other recalls occurred in 2006 and 2007.

All three recalls were linked to reports of the memory ring breaking, resulting in painful and serious injuries. At the time, patients were warned to watch for signs of memory ring breakage, which included unexplained or persistent abdominal pain, fever and/or tenderness at the surgery site.

As a result, patients who had the Kugel Mesh implanted may still be at some risk of the device failing and may still be able to file a lawsuit if the memory ring breaks and they are injured as a result.

The settlement was linked to In re: Kugel Mesh Hernia Patch Products Liability Litigation, case number 07-md-01842, US District Court for the District of Rhode Island.

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READER COMMENTS

Posted by

on
I have had so many problems with the Kugel hernia mesh. Adhesions, bowel obstructions, recurring hernia and pain, I never knew there was a recall. I had revision surgery in 2011. I have inquired about whether I qualify to file a lawsuit, but I am not clear on what disqualifies you.

Posted by

on
My wife has had bard hernia mesh replaced 4 times at Duke University Hospital between 2010 and 2014. I even asked her surgeon personally why was this operation failing, and if this was the same type mesh you see being advertised on tv about possible legal actions against the manufactor? ? He told flat out that "I'm using what the FDA has approved to use." He didn't even mention the fact that had been problems and recalls in the past. My wife is still not physically correct with this problem, so we are now seeking legal representation.

Posted by

on
My lawyer will not help me prove all my damage. Now, he has sent me a letter that if i dont settle with the amount offered that he will drop my case.I have PTSD from my past surgeries and i cant get help! Can I get discriminated and dropped because my lawyer isnt working for me? My life has been ruined and I fight suicidal thoughts 24-7 because of my pain from this. Now, for the 3rd time since my first surgery I am gonna loose my home soon. How can I just get someone to look at ALL my info? I just want to be treated fair.

Posted by

on
Following a 'trip and fall' in 2009, I 'punched' a hole in my intestinal wall. Originally categorized as a 'direct' hernia, the doctor changed the type of hernia to an 'inguinal' hernia.
A Kugel patch was implanted, and has been the cause, I'm sure, of constant, really constant discomfort, including aching, stabbing-jabbing, irritation since that date of implant.
I have been to over fifteen doctors - 'all' saying the same thing - 'looks OK' - and 'I'm sure its OK'. I'm the person in pain!!!! Any suggestions?
Geof Savage

Posted by

on
mine was put in before there was a suit,i had to have it removed and replaced,the first one went in 1999, the second one in 2001,i complained to the state of new york,as the state paid for both surgeries,i never knew there was a recall,at this time frame the patch i have in me feels like it has come lose and i would like to get the repair work done,i was put on social security from the level of pain and the meds i have to take

Posted by

on
I have two meshing implants from bard kugel ventralex hernia patchboth have created a world of hell for me working on getting both removed if I can come up with 14.000 for the removal surgery my only chance to life I am dyeing a slow torturing death daily from them

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