Litigation over Kugel Mesh Hernia Patch Expands
January 30, 2008
Earlier this month, a Federal Court charged with hearing all lawsuits related to the Kugel Mesh Hernia Patch ruled to expand proceedings to include all claims involving defective Kugel Mesh Hernia Patches, including claims unrelated to the original Kugel Mesh Hernia Patch recall. Davol Inc., the maker of the defective Kugel Mesh Hernia Patch, will now have to face additional lawsuits over its faulty hernia patches.
Because the number of lawsuits connected to the defective Kugel Mesh Hernia Patch became so large, the Judicial Panel on Multidistrict Litigation of the United States Courts consolidated all federal cases regarding the defective Kugel Mesh Hernia Patch last fall. Additionally, the lawsuits were transferred to the District of Rhode Island for all pretrial proceedings.
Apparently, recalled Kugel Mesh Hernia Patches are not the only ones with defects. Since 2000, the FDA has received numerous injury reports involving other Davol patches. Moreover, many lawyers involved in Kugel Patch litigation have received complaints from people injured by non-recalled Kugel Mesh Hernia Patches. For those reasons, the Federal Court in Rhode Island has agreed to expand the Kugel Mesh proceedings to include all lawsuits involving injuries caused by Davol hernia patches, including personal injury lawsuits involving Kugel Mesh Hernia Patches that were never recalled.
The Composix Kugel Mesh Hernia Patch has been voluntarily recalled by the manufacturer three separate times. The first Kugel Mesh Hernia Patch recall was on December 22, 2005, when the FDA issued a Class 1 medical device recall for the extra-large version of the Kugel Mesh Hernia Patch. A Class 1 medical device recall is the most serious FDA recall classification and means that there is a reasonable chance that the recalled product will cause serious health problems or death. In March 2006, and again in January 2007, the recall notice was updated to include additional Kugel Mesh Hernia Patch product codes and lot numbers. Bard, Davol’s subsidiary, has since redesigned all recalled versions of the Kugel Mesh Hernia Patch and has released the products back on to the market.
If you, or someone you love, have been injured by a Composix Kugel Mesh Hernia Patch, contact us today to learn more about your legal rights and options.