Thousands of people have taken legal action against medical device manufacturers Davol Inc. and C.R. Bard Inc. because of complications related to the Composix Kugel Mesh patch implant. Even though the U.S. Food & Drug Administration (FDA) recalled these patches, many people still have the implants and are at risk of complications.
Used to repair ventral hernias, a component of these mesh patches can fail and cause serious injuries in the abdomen. Some people who received an implant require revision surgery to repair or remove the mesh. Others suffer from additional complications, including bowel perforation.
At D. Miller & Associates, PLLC, our personal injury team can help you understand if you have a case against the makers of this patch implant. A Composix Kugel Mesh lawsuit lawyer can explain your options for legal recourse and guide you through the process to recover fair compensation for your losses.
Call us today at 713-850-8600 for your free case evaluation.
What Damages Are Available If I Take Legal Action Against the Makers of Kugel Mesh Patches?
Medical patch manufacturers have an obligation to notify the surgeons who use these products and the patients who receive implants about any possible side effects or complications. When a medical device manufacturer fails to inform you of the risks, you may be eligible to take legal action and recover the damages you suffered.
When we take a client’s case to trial, we seek compensation that may include:
- Past medical expenses, such as the cost of revision surgery, hospitalization for complications, additional surgery required for complications, and treatment;
- Ongoing care costs, including long-term treatments required for the condition you developed as a result of the mesh failure, such as bowel perforation or chronic enteric fistulae;
- Lost wages, or income you missed because of repeated doctor visits, time spent in the hospital, or because of an impairment related to your mesh complications;
- Future lost income and benefits, if you cannot return to your previous job because of your condition;
- Pain and suffering, which is compensation to help you recover from the psychological impact of your condition, your ongoing treatment, and other struggles; and
- Punitive damages, which a judge may award to punish the device manufacturers for extreme recklessness and putting a large group of people in danger.
We can help you understand the losses you suffered because of your Kugel Mesh implant and collect evidence to prove their full value to the court. If we can collect proof that you suffered from some of the common harmful side effects of these devices, we stand a good chance of winning compensation on your behalf.
What Dangers Does Composix Kugel Mesh Pose for Patients?
The advantage of the Composix Kugel Mesh patch was that a surgeon could implant the large patch through a small incision. These patches feature a “memory coil ring” that allows the patch to spring back to its original size and shape as soon as the surgeon gets it in place.
While this ring made it possible to patch large hernias with only a small incision, it also caused major issues if a breakage occurred. The ring can break during placement or during normal activity later on. When this happens, the ring can easily penetrate the mesh around it. This may cause bowel perforations or another serious condition called chronic enteric fistulae.
The FDA issued a recall for the large and extra large mesh patches in 2006. If you received this type of patch and still have it in place, it is important to pay careful attention to your health. If you experience symptoms that could indicate bowel perforation or another issue, you need to seek emergency medical care and tell your treating physician you have a recalled Composix Kugel Mesh patch. Dangerous symptoms may include:
- Tenderness around the surgery site;
- Unexplained or extreme abdominal pain;
- Pain that becomes more intense with movement;
- Nausea and vomiting, with other symptoms; and
- Unexplained fever.
Be sure your doctor thoroughly documents your symptoms during your treatment. This will help us show how your Composix Kugel Mesh patch caused your condition and help us prove the value of your damages. This can strengthen our claim against the device manufacturer when we seek compensation on your behalf.
What Is the Current Status of Composix Kugel Mesh Lawsuits and Settlements?
The United States Judicial Panel on Multidistrict Litigation consolidated cases related to Composix Kugel mesh failure into MDL Docket No. 1842, No. 07-1842, with the U.S. District Court for the District of Rhode Island overseeing them. After completing discovery and pretrial proceedings, two bellwether cases went to trial in 2010.
Defendants Davol Inc. and C.R. Bard Inc. won the first bellwether trial, in which the plaintiff claimed their injuries occurred due to the negligent design of the mesh patch. However, the plaintiff won the second bellwether trial, and a jury awarded $1.5 million. This verdict prompted the device manufacturers to reconsider the stance that the Composix Kugel Mesh patch was not defective. In 2011, C.R. Bard Inc. agreed to a $184-million payout to settle most of the claims in the MDL.
The statute of limitations in these cases varies from state to state, but in some cases you may still have time to take legal action against the manufacturers for the damages you suffered because of these mesh products. We can help you understand if you have a valid case and navigate the legal process for you. We will fight for the compensation you deserve.
How Can I Talk to a Defective Medical Device Lawyer About My Situation?
Some people who received a Kugel Mesh patch require one or more revision surgeries to repair the hernia, as well as treatment to deal with serious complications from the failed patch. If a recalled patch caused you to suffer a bowel perforation or chronic enteric fistulae, the lawyers at D. Miller & Associates, PLLC, can help you understand how to file a defective medical device lawsuit based on the facts of your case. Call us today at 713-850-8600 to discuss your case during a free legal consultation.
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