Kugel Mesh Hernia Patches: Litigation Moving Forward

Lawsuits against Davol Bard, the maker of Kugel Mesh Hernia patches are moving forward. Lawyers estimate that there are now 3,000 cases filed in both state and federal courts and the first case in multi-district litigation begins in the fall of 2009. Read on to find out how these suits are being categorized.

3,000 product liability lawsuits pending

The estimated 3,000 product liability lawsuits against the Rhode Island based manufacturer generally allege that the patches, which are used to repair ventral hernias, were defectively designed; specifically, that the plastic “memory coil” ring used in the patch can break off inside of patients – causing the mesh part of the product to perforate internal organs which can cause serious bowel infections such as fistualization and peritonitis (see definitions below). The company now uses a bio-absorbable ring instead of a plastic ring. Unfortunately, those who used the older version have suffered severe injuries and have had to monitor numerous recalls.

Numerous product recalls

The Kugel Mesh Hernia patch was recalled in 2005, 2006 and again in 2007 because, according to the U.S. Food & Drug Administration (FDA):

The 'memory recoil ring' that opens the Bard® Composix® Kugel® Mesh Patch can break under the stress of placement of the large sized products in the intra-abdominal (inside the belly area) space. This can lead to bowel perforations (rupture) and/or chronic (recurring) intestinal fistulae (abnormal connections or passageways between the intestines and other organs).

Additional information on all three recalls is available on the FDA's website.

Do you have a lawsuit?

Injured patients who have used the Kugel Mesh Hernia patch generally fall into one of two categories. The first category concerns a broken memory coil ring; the second category concerns the product's adhesive that can stick to the abdominal wall. Unfortunately, some patients may not even know they've been injured in either category until a year after the patch was inserted. If you've spoken to your doctor and believe that you've been injured by the patch, contact an experienced products liability lawyer to to discuss your situation and determine if you might have a lawsuit against the manufacturer.