First Kugel Hernia Mesh Lawsuit Scheduled for March 2010 Trial in MDL

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Chief Judge Mary M. Lisi, who is presiding over the consolidated Kugel hernia mesh lawsuits that have been centralized in an MDL (Multidistrict Litigation) in the District of Rhode Island, has indicated that the first of four “bellwether” trials will begin in March 2010.

According to a Case Management Order issued last week, the first trial will be followed by additional trial dates in April 2010, July 2010 and September 2010.

More than 1,000 Kugel mesh lawsuits have been transferred to Judge Lisi’s court for coordinated handling during pretrial litigation. All of the cases involve hernia patches manufactured by Davol, Inc., a subsidiary of C.R. Bard, Inc. which allegedly contain design defects that caused plaintiffs to suffer severe injuries and potentially life-threatening complications after hernia repair surgery.

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Three separate Kugel patch recalls were issued between December 2005 and January 2007 for different types of the hernia mesh. The litigation also involves non-recalled patches that use a similar dual-mesh technology which has been associated with problems like intestinal pain, bowel perforation, intestinal fistula and additional surgery to remove the mesh.

The Kugel MDL was formed two years ago under a rule that allows similar lawsuits filed in different federal district courts throughout the United States to be transferred to one district for handling during pretrial litigation. As of the beginning of July, at least 1,038 Kugel lawsuits have been transferred to the District of Rhode Island since the MDL was assigned to Judge Lisi. There are also a number of similar lawsuits over the hernia mesh pending in state court.

The series of early trials in the MDL are known as “bellwether” cases, and they are designed to be representative of issues that will be presented to juries throughout other cases in the litigation.

Fact discovery for the first two cases is scheduled to be complete by December 15, with a case for plaintiff John Whitfield scheduled to commence in March 2010 and the trial of a case involving plaintiff Christopher Thorpe set to begin in April 2010. The third and fourth cases, involving Vivian Bruce and Bridget McElhatton, will complete fact discovery by May 24, 2010, with trials commencing in July 2010 and September 2010 respectively.

In the pretrial order issued July 24, Judge Lisi indicated that the parties should make every effort to settle the cases before jurors are summoned and empanelled, warning that costs may be assessed if the court determines that lateness of settlement was due to “unreasonable or vexatious conduct or neglect.”

Tags: Bard, Davol, Hernia, Hernia Mesh, Kugel, Mesh, Rhode Island
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36 Comments

I am RodneyB
I have gotten a upper ingal Hernia in 1986 by the US Army at Walter Reed Medical Center,it happened in the Army. I also got a hernia in same area but as refused to fix By Dr. in Prescott AZ and Phoenix also VA. what I am asking is for someone to inform the VA of there are many recalls. I have Pain sitting walking some times standing,and I need some one tell the VA at the Regional Office and that it should be noted. I have a lot of problems do to this Hernia,the patch also feels like it is stiff moves a little but stiff. Regional Office in Phoenix Is1-800-827-1000 I can not have it taken out or repaired even though I am in pain.
Nathan
I had testicular cancer in 2001 and i had 2 pieces of Kugel Mesh put inside of my stomach, they cut open my stomach from top ribs to past my belly button, to where one is large piece and one is medium and the coil ring that has broken. I am in constant pain everyday and I have filed with the Johnson Law firm in Fort Worth Texas for settlement that they say will settle soon. I filled paperwork in 2005 and they contacted me yesterday to tell me that will be a settlement within one year but im not holding my breath. I still am searching for a Doctor to remove this and will pray for everyone on this page that you all can find the same answers i am looking for. I found one doctor online you tube showing removal of patch which is ” Dr. Kevin Petersen NIS which is no insurance surgery. Hoping this is one that will do it and im still searching for the best person and or help to find out where to go. This is ongoing and will never seem to stop the pain but i hope that my prayers will reach you all. I have the constant pain and blood when i pee and vomit also. but we all just hope god will find answers for us all. My best wishes to everyone. Thanks for listening.
Marilyn
I had a tram flap surgery in 2001. My surgeon used Kugel mesh to replace my stomach muscles. Ten years later in pain with bowel problems, no insurance and no job. Without insurance my surgeon saysthat I will incur hundreds of thousands of dollars in medical debt does anyone know who can help me.
Lisa
I have read your comments and would like to add that in Aug. 2005 I had a hernia patch implanted had nothing but problems from the word go. I then traveled to Ohio to a hernia specialist he was unable to explant the bad mesh so instead he implanted a new mesh on top of the old one. In 2009 A surgeon implanted a third piece of mesh to cover my whole abdominal section….And still have problems all of them say they can remove it but when they get in there they find a mess and cannot do so here I am waiting and in pain thanks.
Dan
Hello everyone, I am 27 years old and I had my mesh implanted in 2003. On October of 2008 I rushed to the ER and was diagnosed with a severe infection and perfurated bowel. My mesh had been recalled and I was NEVER notified by anyone. I was in the hospital for almost 2 moths and had 16 surgeries, thats right folks, (sixteen). I am still waiting for my case to go to trial and I still have a few surgeries ahead of me. I can not believe how much oof my life has changed and the pain that I`m in everyday. I pray to God that we have a solution quick and be pain-free again 🙂 good luck to everyone and never give up!
John
Reading the comments of everyone, I see that the pain, the vomiting, the pieces of mesh breaking through the scar on my abdomen, the way doctors get tired of looking at me and the way this hernia mesh has altered my quality of life is also felt by other people. One thing I know is that if I carefully stretch my body daily, very mindfully and with the gentleness I learned as a young person studying the martial arts, judo in particular, I do get some relief for a period of time. Weather affects me beyond control, but I want anyone who suffers like I do to at least know that stretching and slow breathing is all we got. I am in the process of looking for a good lawyer, and to see if it is not too late for me to become part of the class action suit. ps I also had a hemi-colectomy which left me in a coma for 52 days, and a stroke. still running 3 miles a day.
kathy
Joseph, I have the new redesigned kugel patch that came after ther recall, I was able to file a calim with the recall litigation in Rhoad Island… I thought I couldnt move forward in the recall litigation. I was wrong my claim was filed.
Clifford
I can’t believe so many of us have had so much pain and heartache and they are still putting them in. I had my mesh put in in October of 2007. After have 2 subsequent surgeries to try to rid me of the infection I was lucky enough to go to a wonderful doctor in Palo Alto California. Dr. David Spain at Stanford Medical Center does this type of surgery several times a month. He removed the mesh and had to do a resection of the bowel. I was in the hospital for 2 weeks but feel wonderful now. I hope this information can help someone else.
Joseph
. I am 58 years old. I live in Las Vegas since 1986. For the past 8 years my life has been nothing but assaulted and degraded by the medical community. In a recent national recall by the Davol Bard composix Kugel Hernia Patch people, In 2007 they had a national recall on one of their hernia patch, but only recalled one of batch numer due to the center ring of the patch breaking and tearing through the body organs and straggling the small intestines like it did to me, but that left me out of their recall. The scope of the recall was to narrow, I have the product number with a number 1, the first defected one, I believe this because of what happened to me, and their recall is with the number 2. And this patch almost killed meI was out of work for eight months, I had all the same complications, but because of this technology now I’m dealing with all the rejections from the medical people and the attorneys. I also need to wear a uncomfortable abdomen binder forever because of a big bulge in the left middle of my abdomen and now my body is deformed, and again this I believe, that my doctor started to reject me from my last 2 visits to him. I felt his tiredness of dealing with me. I never got any more help from him. He told me to find someone else. My ability of life is diminishing and aging, because I can’t do the things you can do to keep you strong.
katgilla
Hello Bobbi, I had my kugel mesh patch removed by Dr Ali fouladi. at Garden grove medical center in garden gorve california. I live in Idaho but i went to Dr Fouladi in california because he had experience in taking out infected mesh he not only saved my life he saved my friends life a year before I was in surgery for 3 hours and in the hospital for 8 day I went home with a pic line and injected antibotics for 4 more weeks. I left my e-mail address for anyone looking for a doctor that can remove the mesh.
Bobbi
I just found out about the recall @ 2 months ago. No one ever called me. I had an open wound come up at the site of the mesh, that’s how I found out about it. He is not willing to take it out and doesn’t know of any dr. that will. My stomach is HARD as a rock where the mesh is, it hurts, I am scared to death that I will get another open wound, don’t have a lawyer yet, cause I don’t know who to go to, can’t really trust any of them. Does anyone have any suggestions?? I really don’t know where to go from here?
josephine
I recieved a 8×10 composix patch in Jan 2002 and other surgeries followed many after reading medical records I notice I also recived a marlex patch another was prolene. I just had surgery Nov 2009 and again complications I have to go for surgery on April 21, 2010 for again Hernia Surgery. This time Dr. said he will use pig skin. I was looking online for any reserch on the pig skin when I found out about the recall on these mesh’s. I’ve had surgery every year since the composix in 2002
debra
I see we are all in the same boat. I, too, have been waiting for over three years for my case to go to court. I finally contacted my lawyer to have him dismiss my case because I told them they were not doing anything and they refused to honor my request. I hurt everyday and suffer with the same complaints as the rest of you all. My stomach is so disfigured now until I am so paranoid of my husband looking at me. My sexual desires are affected because of this darn mesh and my doctor says it’s nothing he can do about it. Hey, I think we should start naming the lawyers working for each of us on this site and expose them for the crooks they are. Surely it doesn’t take all of us to still be waiting for our case to be heard in court. Yeah, right!!!! I have come to believe that I will be dead because anything materialize!!!
jerry
My name is Jerry Turnbo i have had four Hernia sergeries.None of them ever worked.I am now in a lot of pain .While driving down the road to work i have to let my tailgate down on my truck so i can lay down so the large knott in mt stomach will go bact in.I can turn wrong and it will pop out in two places.I have been waiting for over three years for my case to be settled.I am sure this process takes a long time .I will have to get another surgery when or before this case is settled.I hurt day and nightAs well as many other issues that goes along with this problem.I can sit in my recliner chair to relax and here comes that big knott poping out of my stomach.I wake up during the night and i have pain and cramps to hit me quite often.
Khristina
Hey Sue… Ur situation is just like mine! My schduled trail date was for March 19th and the moved it to March 29th. But meanwhile, u call and ask ?’s and NO1 has an answer BUT they SURE do know how to get aggressive over the phone huh? 🙂 NOTHING new….typical Laywer’s office. I WISH every1 HERE the BEST in the future and GOOD LUCK with ur cases. TRY and stay SAFE! GOD BLESS…
Mikeb
LOl you got that right Barbara, dont hold your breath becuaes you would turn blue in the face and pass out lol but anyway sry for the funny joke. It all s**cks waiting for the courts to try every case. Lawyers are getting rich off of this one and they tend to complicate matters.
sunshine
my husband is getting ready for his 5th operation the first mesh broke his intestines were cut taking it out the mesh. the operation he had last year within two weeks the mesh had split down the middle,he is getting ready for the 5th he has 2 meshes inside him now the dr is supposed to take them out.but he is severly disfigured do any of you have that problem.
Barbara
I have been having Kugel mesh put in my abodomin since the early 1990’s and have had trouble since. My latest was Feb. of 2007 i had to have another hernia repaired. I ended up with 5 infections and almost lost my life. I was in hopsital for over a month and in rehab learning how to walk again for 2 1/2 weeks. finally released in September 2007 I was brought to the ER and had to hav emergency surgery, at that time they took out what they could of the old infected mesh and put in more. In early 2008 I again had to have more mesh taken out because of infection. I have been waiting all this time to see when my case will come to court. guess i better not hold my breath.
Mike
Kristina of course your lawyer is on top of it for you, lol NOT!!!!!!! youll learn not to trust 3 things in life 1. A lawyer 2. The legal system 3. A shark They are all intertwined. SRY for the harsh lesson in life.
Mike
Well here we go again. The first case started to be on the Radar and lol now its another stealth case it seems. They were supposed to and diddhave a court date on the 24th and 25th, and now it dissappeared of the radar. Hmm this gets more and more interesting as we go on. So does the Whitfield case start or does it not. I think if I had my way id be protesting outside the court and marching down to the Davol Corporation. At least if I got arrested the case may come to the forefront and not behind the scenes. The lawyers are making the money as we speak not us poor injured pions.
anna
in 1999 i had surgery because my intestine ruptured they applied the mesh at that time and since then i have had 9 surgeries. each surgery they left the mesh and finally i had a severe infection in my upper stomach i lost alot of work and sick constantly. then in 2007 i had a procedure to lose wait. then they removed the mess. but about 6 months later i got another infection which i had another surgery and they found pieces of the mesh. its all removed now. and i am totally better but i lost my job. almost lost my apartment. i hope they get these cases over with soon.
sue
in 2004 i had a abdominal hernia,the surgeon put a kugel mesh patch in me,not long after that i couldnt have bowel movements, then i started vomiting up my own bile,i know it sounds terrible and beleive me it was!!! i had two emergency surgeries in one week and almost died!! they had to do work on my bowels because the mesh wrapped around them, my lawyers say i have a good case and that the first people go to trial march 29 but then i heard march25 i wish they could make up their mind ! i have been waiting long enough i didnt know they have settled a few cases. i will call my lawyer tommorrow, if i find out anything i will let you guys know
steve
wanted kugel mesh lawsuit info.mike and i woud like to here from someone [anyone] who knows more than we do.it seems like its a big secret to the ones of us that ere involved.they have settled a few cases but ther confidential like every thing ells in this case.
steve
hay mike,my lawyer is from k.c.i called him last week and got a peralegal that knows less than i do.unless things have changed the first bellweather trial starts on 3/25/2010 maybey that will break things open.
Mike
Steve: Yep they are slow to update cant agree with you more what area are you from, if you get this msg reply pls. Im desperate on the Kugel mesh issue, has your lawyer been able to tell you anything. Judge Lisi said her court could handle this uh well its prettty inadequate on my opinion. Well she is a lawyer too soooooooo that answers that LOL.
Chan
I had a miscarriage in December 2008 thanks to topomax. Had I known then that it caused all the pain, I wouldn’t still be taking it. My Psyc just upped my dosage to 300mg. Now I’ll never have a healthy baby.
steve
i also am involved in kugel law suite.i have had 5 sergeries two were emergenses with infection.i get most of my info. on the law suite from the r.i. u.s. couts page. but they are sloe to update.
Michael
I too have been injured by this product and by thelawyers, mine has not given me any info as of late. I have to find out on my own. SHarks all of em.
Mary
New Year’s weekend I ended up in the ER. After years of pain and no longer having medical insurance so tried to endure; I almost ended up dead, instead. I had a 5 1/2 hour surgery to remove the mesh that had deteriorated, piercing my bowel and growing into my abdominal wall. The pictures that the surgeon took show the story of what a terrible product was used to supposedly make me well. A week’s stay in the hospital has put me over a $100,000 in debt AND I still have two more surgeries to go through to correct all the damage that was done by that mesh!
Khrsitina
Well I have to say “Im with ya’ll” As much as i HATE to go bk to the Dr. to have it removed, someday I know i have to! SADLY but TRUE. I have had 3 surgery’s so far, one in 05, 07 and 09. NOT fun. I had Bowel Obstuctions eveytime along with EG tubes to help clean my system out due to my intestines being twisted. I am a young girl and DONT believe I should have to go threw this BUT my Lawyer is on TOP of the situation for me 🙂
Gene
The pain and the loss of a quality life are easy tasks to accomplish on our own. I decided to continue to push forward to try and regain what I had before someone elses decision on my behalf took the quality of my life away (Two hernia surgeries with mesh implants.) Mesh implants take only minutes to implant while conventional hernia repairs take hours. In other words the Surgeons are in it for the money. I have had several rejections and been treated as though I didn’t know what I was feeling. I have even had the Dr’s try to numb and deaden the pain. Never give up and continue to move forward. You know yourself better than anyone, keep talking until the right person listens to you.
Wanda
I had a ugel mesh match and had the fistulas bowel prefarations, induced into a coma, stomach full of scars, and after an attorney reviewed my records for a year they have dismissed themselves from my case because everything set in so soon after the surgeries, I lost alot of work and have had some medical problems since then. So now what do I do?
maria
Thanks for your support. Yes, I have been getting rejection from several doctors. They all tell me that it is impossible to remove the defected one now. Since the last surgeon place another one over it. I am no longer living in the city where it was last done. I have tried to get ahold of that doctor. Unable to since, I no longer live in that city and have no insurance. I really do appreciate your support. Its like I am at a dead end.
Eugene
Maria, I sympathize with you and offer you my prayers. Each of these patch planters or surgeons is different. I called several other surgeons not wanting to return to the original, however none would see me for consultation. I continued to call original surgeon until he finally offered a plan to remove the inner layer of the patch. When surgery was completed he had removed both layers and repaired the original hernia the old fashioned way by stitching it closed. 13 days later I feel like a different person, almost pain free. I suggest a good law firm and the original surgeon may decide he wants to help you.
Maria
Where did you get your patch removed? I have been to several doctors. Noone is willing to take it out. Says it would be to dangerous. I fear everyday of the result in leaving it in. I had the defected one put in. Alot of problems with that one and a different hospital put another one in over it.
Gene
Two hernia’s repaired August 17, 2006. Constant pains and problems associated with Bard Davol Kugel patches. Pain in right testicle, pain in right leg, pain in lower back,pain in lower right abdomen, constipation, diarrehea, frequent stomach pain. Two years of pain managment trying to deaden nerves or make me into a junkie. September 24, 2009 surgery performed by same surgeon to remove patch in right abdomen only because no other surgeon would see me. Surgery was performed in a day surgery center, the surgeon charged me his normal fee. No patch was used in the second surgery. WHAT’S NEXT?????? I still have another patch to deal with. These patches are like lottery tickets, they sell lots of them, but not many winners.

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