At least five Kugel hernia mesh lawsuits have settled according to a report by Lawyers USA, including the case that was scheduled to be the first trial out of more that 2,000 product liability lawsuits pending against the manufacturers of the Kugel patch.
The Kugel litigation involves allegations that Davol, Inc., a subsidiary of C.R. Bard, Inc., manufactured and sold defective hernia patches that caused plaintiffs to suffer severe internal injuries and potentially life-threatening complications following hernia repair surgery.
Three separate Kugel hernia mesh recalls were issued between 2005 and 2007 for different sizes and models of the patch, due to problems with a plastic ring inside the patch which can break, resulting in injuries like bowel perforation, chronic intestinal fistula and additional surgery to remove the mesh. The litigation also involves non-recalled hernia patches that used a similar dual-mesh technology.
In July 2009, Chief Judge Mary M. Lisi of the U.S. District Court for the District of Rhode Island, who is presiding over the Kugel mesh lawsuits that are consolidated as part of an MDL (or Multidistrict Litigation), indicated that the first of four “bellwether” Kugel hernia mesh trials would begin in March 2010. However, Lawyers USA reports that the case has settled for a confidential amount together with four other cases, including one lawsuit pending in state court.
Although all federal Kugel hernia patch suits have been consolidated in federal court for pretrial proceedings, they remain individual claims that are each to be judged on their own merits. Therefore, the remaining cases are continuing to proceed and Kugel mesh lawyers anticipate that additional settlements likely will be reached.