BREAKING NEWS: COURT UPHOLDS $1.5M VERDICT IN HERNIA PATCH TEST CASE. JUDGE RULES COMPOSIX KUGEL MESH PATCH NEGLIGENTLY DESIGNED BY DAVOL, INC.
What’s the problem?
February 16, 2011 – This week, a federal judge in Rhode Island denied a motion for a retrial in the second bellwether case in the Kugel mesh hernia patch litigation. Earlier this month, a $1.5 million verdict was upheld in the case of Thorpe v. Davol.
U.S. District Judge Mary M. Lisi concluded that the Composix Kugel Mesh hernia patch had been negligently designed by Davol, saying “… the reasoning and methodology by which he [the expert] arrived at his ultimate conclusion were sufficiently grounded in scientific knowledge and supported by factual evidence, thus making his testimony admissible.”
Plaintiff Christopher Thorpe reportedly suffered an abdominal wall abscess and fistula when two plastic rings on his hernia repair patch broke. He sued Davol, claiming that the rings should have been made stronger to resist the stresses of the healing process, in particular the contraction of scar tissue. Thorpe’s case was selected for the second bellwether trial after being consolidated in multi-district litigation under Lisi in U.S. District Court for the District of Rhode Island.
To date, there are approximately 2,500 hernia patch lawsuits pending in state and federal court in Rhode Island, the home of Davol.