A Rhode Island jury has awarded a North Carolina couple $1.5 million in a Kugel hernia patch lawsuit
Hernia Mesh Patch Lawsuit Information
August 24, 2010 – This week’s $1.5M verdict is the second in a series of ‘bellweather’ trials for Kugel patch litigation and the first loss for the defendants, Davol, Inc. and C.R. Bard, Inc.
The suit was brought by Christopher and Laura Thorpe of North Carolina, who alleged that a defective Composix Kugel patch implanted in Christopher Thorpe broke and caused him to suffer internal injuries and a sepsis infection.
Following nearly a month-long trial, a jury in the U.S. District Court for the District of Rhode Island ruled that the medical device manufacturers failed to warn Thorpe about the risks of Kugel hernia patch problems and determined that the manufacturers had designed a defective device. The jury awarded $1.3 million in compensatory damages to Christopher Thorpe and $200,000 to his wife.
Thorpe claimed to have suffered an abdominal wall abscess and fistula from the broken Kugel hernia patch ring. Eventually, the broken ring became stained with bile and caused Thorpe to become septic. Thorpe required numerous surgeries to repair the damage and the broken Kugel hernia patch lawsuit claims he continues to suffer physical pain.
Kugel Patch Recall History
Between 2005 and 2007, three separate Kugel patch recalls were issued for different sizes and models of the hernia mesh. The recalls were issued because the plastic ring in the mesh was found to be prone to break, potentially causing bowel perforations, chronic intestinal fistula, and other internal injuries that often require additional surgery to remove the mesh.
Pending Hernia Mesh Lawsuits
There are more than 1,300 other Kugel hernia mesh lawsuits pending in Rhode Island federal court, centralized under Judge Lisi. Another 1,774 lawsuits over the Composix Kugel patch have been centralized in Rhode Island Superior Court under Presiding Justice Alice B. Gibney.
The two remaining cases selected for early bellwether trials in the federal Kugel patch litigation are scheduled to begin in November 2010 and January 2011.