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The terrible pain associated with a hernia is difficult enough to deal with in itself, but when you add in the excruciating abdominal pains associated with a defective hernia patch, it can become almost too much to bear.
Composix® Kugel® Mesh patches, manufactured by C.R. Bard subsidiary Davol Inc., were designed with a “memory recoil ring” that allowed the patch to be folded, inserted through a small abdominal incision and, once in place, spring open and lie flat over the affected area. Unfortunately, that ring may buckle or break under the stress of placement, causing a number of painful, life-threatening and potentially fatal complications.
Motley Rice continues to litigate cases involving patients who suffered injuries or complications related to the Composix Kugel Mesh hernia repair patch, including:
Warning signs of hernia mesh failure include fever, abdominal tenderness, nausea, diarrhea, abnormal bowel movements and abdominal distention.
As of January 2007, the number of recalled Composix Kugel Mesh products exceeded 100,000 units. Of these, the FDA received 34 reports of ring breakage, 21 of which caused serious patient injury and one resulting in death.
Motley Rice attorney Don Migliori serves as the co-lead plaintiffs' counsel and liaison counsel for the Composix Kugel Mesh multidistrict litigation in federal Rhode Island court on behalf of thousands of individuals alleging injury by the hernia repair patch. Additionally, he serves as liaison counsel for the nearly 2,000 Composix Kugel Mesh lawsuits consolidated in Rhode Island state court.
Specific lots of the Composix Kugel Mesh patch were initially recalled in December 2005 by manufacturer Davol, Inc. after it was discovered that the memory recoil ring can buckle or break under the stress of placement. The recall notice was expanded multiple times between December 2005 and January 2007, with all recalls classified by the FDA as Class I, the highest level of recall for medical products considered to be dangerous or defective and predictably could cause serious health problems or death.
July 6, 2011
Motley Rice announced that C.R. Bard, Inc., negotiated with more than 100 law firms from across the country and extended settlement offers totaling an estimated $184 million in approximately 2,600 lawsuits. Multiple ring break and ring buckle cases were scheduled for trial at the time of this resolution, eight of which Motley Rice was litigating in state and federal courts. Motley Rice represents clients in approximately 1,100 of the resolved claims.
Feb. 4, 2011
Judge Lisi denied a bid by Davol, Inc. and C.R. Bard for a new trial in the Thorpe case. In addition to denying the motion for a new trial, Judge Lisi also denied the defendants' request to exclude the medical expert testimony from the April trial, stating it was "undoubtedly helpful in assisting the jury" to understand the facts.
Aug. 23, 2010
A jury in the U.S. District Court for the District of Rhode Island awarded $1.3 million in personal injury damages and another $200,000 for loss of consortium to Christopher and Laure Thorpe in the case Christopher Thorpe and Laure Thorpe v. Davol, Inc. and C.R. Bard Inc., the second case to go to trial against hernia patch manufacturer Davol, Inc. and parent company C.R. Bard. Both companies were found liable for failing to provide adequate warning or instruction for the hernia repair patch and acting unreasonably in designing the patch.
March 29, 2010
The first of more than 3,000 lawsuits against Davol, Inc., John Whitfield v. Davol, Inc., et al., went to trial in U.S. District Court for the District of Rhode Island before Chief Judge Mary M. Lisi, who also presided over pretrial litigation for federal cases involving similar allegations. On April 18, 2010, the jury found that the company was negligent in its design of the Composix Kugel Mesh hernia repair patch.
Sept. 28, 2007
An order naming Don Migliori to the co-lead plaintiffs' counsel and liaison counsel of MDL No. 07-1842 ML, In re Kugel Mesh Hernia Patch Litigation marked the first time in the 40 year history of the Judicial Panel on Multidistrict Litigation that cases filed nationwide concerning the same issue were transferred to the U.S. District Court in Providence, RI, for pre-trial proceedings.