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Settlement for Composix Kugel Hernia Patches Completed



C.S. Bard, the manufacturer of Composix Kugel mesh hernia patches, is in the process of settling litigation claims that it failed to adequately design the patches and failed to warn doctors and patients of known problems with the product. The company settled approximately 2,600 lawsuits for approximately $184 million, according to filings with the United States Securities and Exchange Commission. The parent company of C.S. Bard is Davol. The cases were consolidated and pending before the U.S. District Court for the District of Rhode Island. More than 100 law firms across the nation were involved in the litigation.

Mesh Patches Used to Treat Hernias and Later Recalled

The patches first came onto the market in 2002 and were used to treat hernias, but were recalled by the company in 2005. At least one of the patch cases reached a verdict and resulted in a $1.5 million judgment for North Carolina plaintiffs in August after a two-and-a-half-week trial last year. The plaintiff was required to undergo three additional surgeries to fix injuries caused by the patch's original surgical implementation in 2005. The plaintiff sustained serious abdominal injuries. Numerous plaintiffs complained that the patch caused or contributed to problems such as bowel obstruction, bowel perforation, sepsis (a blood infection), abdominal abscesses, and intestinal fistulas, which are abnormal connections of the intestines.

Numerous Trials Scheduled

The problem with the patches allegedly arose from defective memory recoil rings contained in the patch. The recoil rings were designed to allow the patch to be folded when inserted into place and then spring back into a flat shape, which would allow it to seal the hernia opening. Subsequent investigation revealed that there was a weakness in the recoil rings where they were welded together. Several ring breakage cases were scheduled for trial when the settlement was reached. Numerous trials were scheduled for the summer and fall of this year.

The final settlements will take several months to conclude. If you or a family member suffered injuries from the use of the Composix Kugel mesh hernia patch, you should consult with an experienced mesh attorney to determine what remedies are available and to protect your rights.