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Settlements for Kugel Hernia Mesh Problems Averaged $70k: Report

C.R. Bard has reportedly reached an agreement to settle Kugel hernia mesh lawsuits brought by about 2,600 people who experienced severe internal injuries caused by problems with their hernia repair patches, with in an average payout of about $70,000 for each plaintiff. However, the settlement still leaves around 1,000 claims unresolved.

An estimated $184 million will be paid to resolve the product liability lawsuits, which began after Bard’s Davol unit began recalling Composix Kugel surgical mesh patches in December 2005. Various sizes and shapes of the patch have been found to have design defects that may increase the risk of problems after hernia repair surgery.

The Kugel Patch contains a memory recoil ring around the perimeter of the mesh, which allows the doctor to fold it during the hernia repair. It is designed to spring open once in place to lay flat. However, in many cases the plastic ring has broken, resulting in serious internal injury.

Bard first reported the tentative settlement late last month in its second-quarter earnings report, coming after only two out of an estimated 3,600 lawsuits over Kugel hernia mesh problems have made it to trial.

The first Kugel bellwether trial held in federal court, which involved a case brought by John Whittfield, ended in a defense verdict last April. While the jury in that case found that the manufacturers were negligent in the design of the Composix Kugel patch, they found that the plaintiff did not provide that his hernia repair problems were directly caused by or contributed by the negligent design.

However, in August 2010, a different plaintiff was awarded $1.5 million in damages for problems caused by the Kugel hernia patch. The lawsuit alleged that Christopher Thorpe suffered severe internal injuries and a sepsis infection when the hernia patch broke inside of him.

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30 comments

  1. William Reply

    My problems began in 2000. From that point on I have had three different doctors all from the same business operate on me and I still need to have another surgery but am scared to go through it again. I was left in worst condition than when I started. I became addicted to the narcotics, misdiagnosis as a female in one report. Another declined me proper medical help due to my finance’s. I still have an open wound six years after my last operation. Script’s hospital off Frost Dr.

  2. Kevin Reply

    I had a hernia operation in 2007 and they used this mesh to close that up. I have had extreme discomfort, pain, and limited range of motion in my midsection locking into my groin and right hip from adhesions and other side effects from this surgery. I had not been aware of this recall for this material or if it was properly introduced into the market.

  3. William Reply

    I have had two different attempts to find a lawyer to handle my case. I am not satisfied at all with the lack of concern, This is a slam dunk case, and I will now search for another capable lawyer that is willing to follow through. Oh well. I tried twice and I don’t have time on my side.

  4. mary Reply

    seriously?????settling 2,600 lawsuits for about 70,000 per person?? that is insane, that no where covers the medical expenses for past, present and future problems, it doesn’t cover what has been taken away, it doesn’t cover how miseriable you will be the rest of your life or what your family has been through, honestly, I know people who make that much a year. I think that it is a slap in the face and they are saying you are not important, your life doesn’t matter, here let me offer you some peanuts and call it good. ridiculus

  5. Timothy Reply

    Lawyers in Ontario Canada are unwilling to accept complicated cases concerning Kugel Hernia Implants. However a local physician was kind enough to refuse treatment thereby establishing a basis for a Human Rights Compliant. However as far as being notified of the recall or where on goes for a replacement these questions are yet to be answered. BTW my first operation is 01/14/1982 with 6 operations in total along with 28 nerve blocks…but then after you lose it all some are not willing to help you get it back. But 70k is not bad if only two operations and 5-7 yrs pain and suffering. But not enough for loss wages or anything else that contributed to that loss. All loss is to be accounted for and compensated for.

  6. mary Reply

    The amount supposedly being given ($70K) is ridiculous!!! I served 19years in the USA military and wasn’t able to finish my last year, because of the kugel patch. Being in the National Guard, if you don’t have 20yrs it’s like it never happened. I can’t pass a normal military physical let alone the flight physical I require. Losing my military retirement, means no medical, dental, commissary, etc for myself, my husband and our quadraplegic son. I haven’t been able to care for my son, (my husband now takes 100% of our son’s needs), the pain I have suffered ( what happens to one part of a married couple also happens to the other) from the three surgeries to correct the damage from the kugel patch, and the loss of a normal marriage relationship. $70K ???? REALLY ?????

  7. Sherry Reply

    I have to say, I’m not happy with the outcome of 184M….70K a person (possibly) they are going to judge off of worst case to best case scenarios. I’ve also been told there may be some that don’t even warrant a dollar amount. I’ve lost thousands and thousands from time off of work, co-pays, mileage and such. I have had 10 surgeries since 2005 and none have gotten any easier but harder for each one! I’ve been surgery free for almost one year right now and praying my incision stays closed (severe staph infection) like it has for past two months. This has been a nightmare for me and my family. I had an open wound, with wound vac and many other gadgets for well over a year. I had lost 60lbs but with this past year gained back most of my weight due to inactivity with having the vac on not being able to walk like I was miles per night. Now we all just sit here an wait, wait for a company to finally start the process of pay out and HOPE and PRAY we are included in those they choose.

  8. Diane R. Reply

    I did the math on the settlement for the 2,600 cases against the 184 million that Bard selttled. It comes to 700,000 each. How did you come up with only 70, 000 each?

  9. Jessica Reply

    It isn’t necessarily $70,000 or $700,000. They are judging it based on what they decide you are eligible to receive based on how they calculate your suffering.
    Appearantly my surgeries, lost wages from work, all the copays paid out not to mention my husbands lost wages (nearly three times mine) from waiting on all of the surgeries and doctor appointments and the now constant pain I have been in for over four years now along with the two ticking time bombs in my abdomen and my need for future surgeries but no doctor that will do it is worth next to nothing. Not even close to $70,000 and that is before the lawyers take their portion and leave me to pay the medical liens.

  10. Joyce Reply

    I had the path some 20 yrs ago and the past 10-14 yrs I have charlie horses in my stomach. The results after I get it calm down has been a lot to handle in the past yrs…Also, my life has never been the same…But I reported this when I first came to light and was told it had to be worse than I have …

  11. AM Qual Reply

    1st mesh June 2001 following a loss of abdominal wall in coma from bad Doc. Immediately failed with Sepsis and muliple other infection. 2nd meshes Dec.2001 two large pieces after nmultiple Infections and hospitalizations and emmergency room trips from 107 fever. mesh immediately, long hospitalizations followed into most of 2002. My husband lost his job due to absences and large medical bills. Well over 1/2 million by now.
    We moved to a Medical school andU envirement for top surgeon after long surgeries he deemed the most difficult ever.Removed tons of mess everywhere in my body. Several more sepsis, pnuemonias surgeries and two years of daily nurses at home. Now I have more incisional hernias. I cannot travel to him, nor will anyone do it. Been on Antibiotic IV’s daily for 6 years here. I will die soon. I am resistant now to most antibiotics and tons of other meds. We have gone broke and huge medical bills that will not be paid,2 1/2 million. Lost our home our savings our life, my husband too. No amount of payment will cover this loss. Rings failure, abceses, killer staf infections no quality of life remains. and we haven’t come up yet for settlement or anything else.
    Maria

  12. Diane Reply

    There are way to many things wrong going on in this case at the moment that I cannot even list them
    #1. Thee is no wat that 184 million should or would have been excepted as a settlement without our ALL being informed by our law firms and then we would have had to agree to it. I don’t think any of us have.
    #2. I believe we have the right now we have had terrible representation and can ask our own Attorney’s to step in now. This will also cause the defendent in this case Davol to want to settle once and for all and for considerable more for each plaintiff.

    #3 I never received any offer of settlement from the lawfirm that I filed this class action suit with asking me if I would agree to this amount offered. We are required to agree before they can say its settleld.
    #4. each and evey one of us are to have been informed of what we would receive if in fact we agreed to thie 184 million. I never receved anything . Have any of you?

    I am thiinking of hiting another lawfirm to handle this case and then withdraw the lawsuits from the mass tort attorneys handling the case now. In fact, change States as to where it will be handled next. I think the treat of all of not accepting this will either cause them to make better settlement arrangements or end paying even higher leagal fees in the long run to start all over again.

  13. Joan Reply

    Diane, you need to do the math again. It comes out to average $70,769 which is not adequate in many situations!

  14. mike Reply

    I donated a kidney in 2007 and have had to ha e a Hermia repair surgery once a year since then. This time you can feel the plastic beginning to poke throught the skin. I have another survey s heduled for the first of June. Can we still get in on the lawsuit or should I file seperately?

  15. Helen Reply

    I think that it is very sad to be the victim and treated like the accuser. I have been waiting for my case to settle for four years. You all are right no amout of money will get our health back. I along with you all will suffer for the rest of my life with health problems due to this mesh. All I can say is that we are the one that get the raw deal and we pay with our lives and what’s left of our health.

  16. Rickie Reply

    My case is set for Nov 28, 2012 possably in Houston Tx. where it was filed at in 2007.I have a buckel case. I am to be deposed next week and my mouth piece (lawyer) flew in last week to talk. Bard is going to put up a fight am told. So my preping starts this weekend. Have had alot of problems with the surgey and even had to open me up twice to repare my inteston. I will be praying for you that are still hanging and ask the same from you. Thanks Rickie

  17. mary Reply

    i have been through 2 life or death trauma surgeries infection and they have cut on me so much due to the mesh i have no abdominal wall left and my upper bowel is hanging out inoperable permantly deformed and in pain for life i have to wear prosetic underwear to hold bowel in the quality of my life is ruint forever and i will continue to suffer till i die whichi feel its a miracle i survived this long i just hope justice is served when settling the amount a client will receive u cannot place a dollar amount on this kind of suffering for life

  18. Geof Reply

    I had a Kugel patch implanted in 2009 following a injury that same year.
    I did a normal followup appointment with my surgeon, indicating that I seemed to have continual, post surgery minor pain and discomfort. Realizing the normal ‘recovery’ time from a surgery, the Dr.’s advice to “give it some time” to mellow out seemed very proper to me — AT THAT TIME. Several months later, still experiencing pain, I sought a ‘second’ medical opinion, set up by my health provider – just to make sure ‘things’ were AOK. Again – “give it more time”. I moved to Oregon, and again sought an opinion at a regular Dr. visit with my medical provider. Again – “everything looks OK”. I have now seen over eight Dr.s following, and the answer by ALL is -“everything looks OK”. I called Bard directly for advice. I explained my situation, and the staff indicated to me that my Kugel patch was not on the recall list – BUT – the list was being updated continually. A simple question I have is – if my particular patch was not on the recall list (at least then) – then why was I having such continual, ongoing, iritating, and sometimes frightening pain, shaking, and sweat issues?? I am NOT a fan of surgery, unless it is what is needed to maybe save my bacon and make this issue a true thing of the past.

  19. Joe Reply

    I had surgery 2/2009 and have had chronic pain in and around the surgical area ever since. Since my surgeon retired not long after my surgery I had it looked at a while back and they recommended a physical therapy visit which didn’t help–

    Not sure if my situation falls into this category but any information would be helpful.

    Thanks.

  20. Joan Reply

    After going through the surgeries, one side of abdomen being larger than the other side. Lawsuit being filed and upon when can someone tell me where is the money. Especially since I was told the case was won in December of 2012. It is now February 2013, the settlement is not even a drop in the bucket compared to the 184 M that was the total. 1M 700K went to 42 people in my category with the attorney that I hired. But I just want to know is it normal for there being a stipulation of 90% of the clients having to have their paperwork returned before anyone gets paid or what I am just lost and feel like the wool is trying to be pulled over my eyes. Sincerely, Joan Chambers

  21. cindy Reply

    What I can not understand why & how can anyone that has not been through what us people has been through with pain & suffering all the years fron the mistakes of bad mesh being used & told by doctors your at risk of dying right on the ER table if I would try removing the mesh
    Been through infections, surgeries over & over ,total resection, pain increases daily to the point dont even care to wake up any longer & one JUdge & lawyers are filling pockets of their own Sickening
    Our families suffer also from us being disabled from the injuries wake up get the cases done its been 3 years for papers had to of been turned in

  22. Frank Reply

    I lost a testicle due to the failed Davol Bard Perfix Plug, large. The pain and suffering has been traumatic. It has been very difficult to find help for my case. Anyone have any suggestions?

  23. Tom Reply

    I have been waiting since 2006 for resolution of my case.My experience with the Kugel hernia patch was more than a nightmare.It was life-altering.Lost my business,our house,and our financial stability.My attorney told me recently that my case takes longer,because it is a bigger case,due to the fact that I was injured,and had the device removed,after ten surgeries.At this point,I am certain that I am being patronized.I have come not to trust any attorney.My only option is to wait,like everyone else for a satisfactory resolution to this,,the worst nightmare of my life!Good luck to you all!

  24. PUK Reply

    I am a person that was never notified by the provider of the patch nor the doctors Is there a provision for ones that are alerted to the cause of their pain and suffering on their own, after a recall lawsuit has been in the works ( they are supposedly settling some cases now) Seems there should be a provision for ones that were never aware .
    Due to excessive suffering and pain, even though they redid the surgery, they put the same patches back in. More continued suffering. I hope there is no statute of limitation for late comers that were never notified. It\\\’s be frustrating enough researching and trying to figure out what is wrong and now I know…the patch failed again from the 2nd surgery and I need a 3rd surgery which is very dangerous in my condition now. So can you recommend someone that may still take my case, and…Any suggestions will be greatly appreciated.

  25. MIKE Reply

    THEY SAYING 70,000 EACH PERSON BUT THE LAWYERS TELLING ME 5,000 AND THEY GET HALF AND MEDICARE IS TRYING TO GET OTHER HALF AND I HAVE BEEN ON LIFE SUPPORT BECAUSE OF THIS FOR 35 DAYS AND 2 LIFETHREATNING SURGURIES BECAUSE OF THIS RECALL MESH IN MAY 2008 BECAUSE HOSPITOL DIDNT PULL IT OFF THERE SUPPLY AND I AM HAVING ALOT OF VERY SERIOUS HEALTH ISSUES NOW

  26. mike Reply

    plus I have to live with the recall mesh inside me the drs cant get it out it will be lifethreatning and impossible to get out they doubled the mesh in me and it caused a hole in center of my belly showing mesh and my dr left me like that and it was lifethreatning after he tried to get skin to grow over hole I was lucky I went on net and found another surgeon to fix hole after 2 weeks of the other dr leving me in a lifethreatning situation then in nov 2009 the mesh caused bowel obstruction causing ganegreen and I had emergency surgery and my lungs shut down in surgery and put me on life support 35 days and now I cant have any surgery over 1 hr and half or I be back on life support

  27. Deborah Reply

    My story nightmare began Feb 2005 and my life will never be the same, I should not be alive but I am a survivor many times over. Funny after 29 surgeries I quit counting well I was surprised when my attorney told me he had counted 47 and that was only part of the records.My issue is trusting in the medical field.I was left with an abdominal wall defect lost my belly button and all the stomach muscle wall. I am scared from hip to hip. Blessed that all of the skin grafting from my legs left ZERO scars.My last surgery was in 2008 and yes the mesh is still in me and is buckling all around it. It is to dangerous to operate until it is do or die. It is like a ticking time bomb just waiting on the big boom. I live a very guarded life because of this.

  28. Kimberly Reply

    Iam also a victim of this and totally agree70,000 isntnothing compared to what I have lost and we should all get 1.5 million like the trial guy received. Maybe all of us victims should show up at court house and tell are own side of the story power is numbers and the end outcome don’t look satisfied to myself now like post show 700,000 is more like what we should get especially if the attorney can get more than use and the medical liens. If anyone would want to get a group to complain about the dollar amounts count me in power is numbers!!!!!

  29. Tony Reply

    I had my kugel hernia surgery almost two years ago thought it was normal to hurt a while after surgery but heaer it is two years later iam in more pain than i ever was befor surgery ,Not only do i have severe pain the whole left side where they cut into me is so numb i can pinch as hard as i can with no feeling .It has pretty much killed my sex life my ex fiance called off our wedding because the nonexistant sex life she thinks i just dont want to but it is the low drive and terrible pain she has still stuck with me but our wedding plans are a thing of the past the surgery ruined my life i am not the same man i once was i am a 35 year old healthy man who cannot make love to his girl and gets to live in aggony physically and mentally this sucks its ruined my life and made the women i love with all my heart feel that i dont want her my heart goes out to anyone suffering like this after hernia surgery,Ithought it was supposed to make you better not bitter and misserable God bless all who are suffering

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