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, S.C.--(BUSINESS WIRE)--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 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.

“It is tragic that medical device manufacturers rush their products to market without adequately testing their safety”

On January 6, 2004, Mr. Warren underwent hernia repair surgery, during which he received a Kugel Mesh Patch developed by Davol, Inc. The following year, Davol recalled many of the 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 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 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 Rhett Klok. “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, W.V. and Chicago, Ill.

About Motley Rice LLC

Motley Rice LLC is one of the nation’s largest plaintiffs’ litigation firms. Motley Rice attorneys gained global recognition for their pioneering work on behalf of asbestos victims, the State Attorneys General in their landmark litigation against Big Tobacco, and the 9/11 families in their groundbreaking lawsuit against terrorist financiers. Motley Rice attorneys continue to seek justice in areas including catastrophic injury; complex case resolution; securities and consumer fraud; environmental hazards and contamination; medical negligence and medical device defects; occupational disease and toxic torts; and transportation disasters and defects. For more information on Motley Rice LLC and medical device litigation, please contact attorney Rhett Klok at 1-800-768-4026 or visit http://www.motleyrice.com.