October 18, 2007

Motley Rice lawyer appointed co-lead counsel in the Kugel Mesh multidistrict litigation

MOUNT PLEASANT, SC, (October 18, 2007) - Plaintiffs' lawyer Donald A. Migliori, a member of Motley Rice LLC, has been appointed co-lead counsel and liaison counsel by a federal judge in the District of Rhode Island in the Composix® Kugel® Mesh hernia repair patch litigation.

In an order filed September 28, 2007, Migliori was named the co-lead plaintiffs' counsel of MDL No. 07-1842 ML, along with co-counsel Teresa Toriseva of Wexler Toriseva Wallace LLP and Ernest Cory of Cory Watson Crowder & DeGaris, P.C. This is the first time in the 40-year history of the Judicial Panel on Multidistrict Litigation that cases filed from around the country concerning the same issue are being transferred to the U.S. District Court in Providence for pre-trial proceedings.

As co-lead counsel, Migliori is responsible for representing the interests of all plaintiffs who have alleged injury or damages as a result of the defendants' Composix® Kugel® Mesh hernia repair patches. He will also direct the overall management and conduct of the litigation, including coordinating discovery and motion papers. The order also appointed Migliori as the liaison counsel for the Composix® Kugel® Mesh MDL. In this role, he is the primary conduit between the court and plaintiffs' counsel. He will make himself generally available to the court to provide all plaintiffs with a local presence.

Between December 2005 and March 2006, manufacturer Davol, Inc. recalled specific lot numbers of defective Composix® Kugel® Mesh hernia repair patches after it was discovered that the memory recoil ring, which opens the patch, can break under the stress of placement in the intra-abdominal space and lead to serious intestinal conditions such as bowel perforations and/or chronic intestinal fistulae (abnormal connections or passageways between the intestines and other organs). In March 2006, the Federal Drug Administration (FDA) sent physicians and patients recall letters advising patients implanted with one of the recalled devices to seek immediate medical attention.

Motley Rice is currently investigating cases involving injuries related to Composix® Kugel® Mesh Patches. For case updates and details on the alleged injuries, contact attorney Fred Thompson at fthompson@motleyrice.com or Don Migliori at dmigliori@motleyrice.com or 1.800.768.4026. 

View the complete order from U.S. District Court, District of Rhode Island at http://www.rid.uscourts.gov/MDL.asp.