February 8, 2011
No New Trial: Judge denies bid in Kugel case
The federal judge overseeing the multidistrict litigation (MDL) against Davol, Inc. and C.R. Bard, Inc., Judge Mary M. Lisi, denied the companies' bid for a new trial.
Judge Lisi made the decision Friday, Feb. 4, 2011, in the U.S. District Court of Rhode Island. The companies' motion was in response to a jury's award of $1.5 million in August 2010 to a couple for personal injury damages and loss of consortium in connection with the Composix® Kugel® surgical mesh patches. 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.
Motley Rice member and medical device lawyer Don Migliori said his clients are pleased with the judge's ruling, "These issues were raised during trial, and the court ruled similarly." He also said the ruling could affect other cases in the MDL.
The next two trials in the MDL are scheduled to begin in late April 2011 and July 2011 in the U.S. District Court for the District of Rhode Island before Judge Lisi. The cases are the third and fourth cases selected for the early bellwether trials out of the thousands filed against hernia patch manufacturer Davol and parent company C.R. Bard.
Don Migliori serves as both co-lead counsel and liaison counsel in the Composix Kugel Mesh MDL in Rhode Island federal court and as liaison counsel for the Composix Kugel Mesh lawsuits consolidated in Rhode Island state court on behalf of the hundreds of individuals alleging severe injury caused by the hernia repair patch.