December 14, 2006
Motley Rice files suit against manufacturer of failed hernia repair patch
Suit claims that recalled patch failed and adhered to patient's bowels
MOUNT PLEASANT, SC - Motley Rice LLC, one of the nation's largest plaintiffs' litigation firms, together with co-counsel Wexler Toriseva Wallace LLP, today announced that it has filed suit against Davol, Inc., a Rhode Island-based manufacturer of the Composix® Kugel® Mesh Patch, a medical device used in hernia repair surgeries. The suit was filed in Superior Court in the State of Rhode Island on behalf of plaintiff Jimmy Warren of St. Charles County, Missouri, whose inserted Composix® Kugel® Mesh Patch failed following a product recall, causing severe abdominal pain and resulting in necessary bowel dissection surgery to remove the failed patch. Additional defendants in the case include New Jersey-based C.R. Bard, Inc., the parent company of Davol, Inc.
On January 6, 2004, Mr. Warren underwent hernia repair surgery, during which he received a Composix® Kugel® Mesh Patch developed by Davol, Inc. The following year, Davol recalled many of the Composix® Kugel® Mesh Patches under an FDA Class I recall - a recall issued for medical devices that are potentially life-threatening or could cause a serious risk to a patient's health. In 2006, this recall was expanded to include the patch inserted in Mr. Warren. Following his surgery, Mr. Warren developed abdominal tenderness, and according to the complaint, another hernia had developed in Mr. Warren in April 2006.
During surgery to repair the second hernia, a piece of the failed Composix® Kugel® Mesh patch was discovered adhered to Mr. Warren's bowel. Mr. Warren was subjected to a prolonged bowel dissection to release the mesh from his bowel, leaving him with chronically inflamed bowels, as well as ongoing physical pain and mental anguish. It is alleged that the manufacturers of the Composix® Kugel® Mesh Patch were aware of the high degree of complication and failure rate of the product.
"It is tragic that medical device manufacturers rush their products to market without adequately testing their safety," stated Motley Rice attorney Fred Thompson. "Our client, Mr. Warren, is one of many who will now spend the rest of their life in pain because of the Kugel® Mesh patch. We hope, with this lawsuit, that we will raise awareness of this issue and help bring justice to those harmed." Motley Rice is working on this case with co-counsel Wexler Toriseva Wallace LLP of Wheeling, WV, and Chicago, IL.