Kugel Mesh Dangerous Implant Litigation
Court: United States District Court for the District of Rhode Island
In re Kugel Mesh Hernia Patch Products Liability Litigation, Case No.: MDL No. 1842
Leadership Position: Plaintiffs’ Steering Committee Member and Chair of the Law and Briefing Committee
Wexler Wallace represented individuals who had defective Composix Kugel Mesh hernia repair patches implanted in their bodies. The firm was a member of both the State and Federal Plaintiffs’ Steering Committees, chair of the Plaintiffs’ Law Committee and a member of the trial team. The Plaintiffs who Wexler Wallace represented all suffered serious injuries from the failure of their patches, whether resulting injuries required the patch to be surgically removed or if the patch remains implanted in the patient, requiring continual medical monitoring in the future.
Many patients who were injured after using the Kugel patch have filed hernia patch lawsuits against Davol and its parent company, C.R. Bard Inc. These lawsuits alleged that Davol and C.R. Bard were aware of manufacturing and design problems with the Kugel hernia patch, but failed to inform patients, doctors or health officials of the health risks posed by the patch. They further alleged that Davol failed to accurately report to the FDA a number of complaints it received about injuries or deaths related to the Kugel Mesh Patch. Plaintiffs charged the Defendants with products liability, negligence, deceptive trade practices, fraud and wrongful death. Had Davol acted faster to issue the hernia patch recall, Plaintiffs might have been saved from serious hernia patch side effects.
After a number of bellwether trials, the Composix Kugel Mesh cases settled on terms favorable to the plaintiffs.