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Kugel Hernia Mesh Settlements Result in $184M Charge by C.R. Bard

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C.R. Bard is prepared to pay $184 million to settle hernia repair lawsuits filed by individuals who suffered severe internal injuries that were allegedly caused by design problems with their Composix Kugel mesh products. 

The company announced the charge amount expected to cover any Kugel mesh settlements in its second-quarter report, indicating that the manufacturer has reached agreements in principle with a number of law firms representing a large portion of plaintiffs who have brought a claim.

The settlement comes after only two Kugel hernia mesh trials have been presented to a jury, out of an estimated 3,000 lawsuits that have been filed in courts throughout the United States.

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 indicated 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.

The Composix Kugel mesh settlement is expected to resolve the majority of the lawsuits filed against the company. There are about 1,300 cases in federal court that have been consolidated and centralized as part of a multidistrict litigation in the U.S. District Court for the District of Rhode Island. There are also about another 1,700 Composix Kugel patch lawsuits pending in Rhode Island Superior Court, where they have been centralized before Presiding Justice Alice B. Gibney.

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, design defects may cause the plastic ring to break, resulting in serious internal injury.

Bard has issued three separate Kugel Patch recalls involving different sizes of their hernia mesh. The recalls were issued in December 2005, March 2006 and January 2007

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4 comments

  1. john Reply

    5/8/08 had double hernia plug kits 10/28/08 had nerve ablation to help pain did not help have ben on pain pills ever since for the rest of my life i was forced into retirement

  2. donna Reply

    i have had many adamial surgeies but the mesh was thhe worst i had 2 previous one where i was cut thde same way from privet part to just under breast my entire stomach had heriated and the patch covered several diffrent hernias i was in a overnight surgery and force to go home after i pleaded with the surgen that ther was no way i could care for my self he sill made me leave the hospital saying ther were to many germs in the hospital with in a month i could see an l shaped area in my stoamach and it hure when i went back to the surgen he profess quite loudly his surgries never failed soon there after i made an appointment over the l shape aperring and he told me he would not go back in it was to dangerous and basicly left me hanging on my own the same week the gastroligest that refered the surgon to me sent me a 30 day notice stating he was no longer going to be my doc because of personality conflicks i really felt so life less i thought i was dyeing my stomach herniated so badly i litterly hade to wear mertertunity clothes the new gastrogogist i found wort out a report stating no sine of heria i was so exasted from trying to find a doc that would look at me i just gave up thank god a girl friends daughter worked at a hospital where he specialized in adominal surgery and he finally had an mri taken the mesh had compleatly come un done the patholigy report stated they remove the mesh full of infection the doc said it was about the size of a grate fruit my stomach mucels had compleatly colasped he had to leave a pice in me because he said it was to intangled and i have a constant pain in my side wher it has to be in my mind i almost died after the surgery and that made my white coat symdrome sky rocket now i look deformed no belly button a scare that curves underd my brest to my panty line no waist and sstill feel week and un able to do the things i want to do but caint you dont relize how much you use your belly muscles if you dont have them i just had a vercial colinostpy because the scope wpould not go into my colin and am awaiting results of that test terified that they are going to say i need yet another surgry i get these weird charlie horse like pain in my side if i turn the wrong way that litterly paralizes me for probley lees than a long minute its so intense it like frezzes your body to the point you caint breath talk or move even though the pain last a minute or less the fear of just what happened scares yoy for night and day day after day i hope this mri explains why i pray we all get a fair settlement for the pain we have endured the staples and drain tubes for weeks the pain and the hardships and worry ypou put on all your loved ones could never be imburst enough medical bills took our dream home changeded me as a person and every day when i wake up and take a handful of medication and relize im going to spend most of the day laying around its hard to not be angry

  3. alan Reply

    My mother had this surgery and filled.out the paperwork for the lawsuit. she has since passed away due to septic shock, very possible it was from a.pocket of infection settled within this abdominal mesh. we filled out all paperwork, however, i dont know what happened with her settlement or what can be done. her husband had a quarter million dollar life insurance , which he did not offer a dime to my brothers or myself. I dont know if they could even contact us because she knew he would let her lay and die so she put us on this suit in case she passed before the settlement date. how could i find out.

  4. Todd Reply

    Eight years ago I crashed my airplane survived in the hospital for two months they rebuilt my abdominal wall with the biggest piece of mesh 11 x 18 code blue four times the doctors put me back together I am in the medical books for abdominal reconstruction using the Krugel Bard mesh went to a good shepherd physical therapy home Learned how to walk live and survive started my life over glad to be alive got a letter from the hospital saying they needed to take it out the polymers in the mesh were inferior and bought on the black market was told by the surgeons the rings are breaking mine has about 24 of them they could rip my arteries and I will go septic for bleed to death I was devastated I went to the hospital and they said they cannot take it out I will die from the surgery no one will operate I got a lawyer two years pased he said case too big for him I was devastated my life is ruined. I got another lawyer she took the case. She worked on it for five years today she tells me there is nothing she can do I am not dead yet if I get another lawyer she will try to help them I think I get the lawyers that don\\\\\\\\\\\\\\\’t know what they\\\\\\\\\\\\\\\’re doing I have pain in my stomach back testicle area my daughter cannot even get near my stomach the fear of her breaking one of the rings and causing daddy to die I cannot live knowing that she fears of her father I cannot even get this stuff taken out of me I must sleep on my side I\\\\\\\\\\\\\\\’m afraid of falling writing a bike doing anything that could rupture my mesh I can\\\\\\\\\\\\\\\’t even work this mesh has ruined my life my lifestyle and I am in pain every day yes I am glad to be alive with my family but now I know why people sometimes and their life the stress fear and knowing that at any time you can blow up bleed to death die is the worst what really upsets me most is the pharmaceutical company has never even contacted me I need a lawyer that will work for me not for the pharmaceutical company kickbacks to them. My mesh is fraying and rings have broke I have surgeons doctors and hospitals that will stand behind me I just need a real lawyer that knows how to fight a pharmaceutical company not a divorce lawyer thank you

  5. Connie Reply

    I first had a bard mesh implanted – I had two infections (cant think of the word) one the size of a baseball and one the size of a grapefruit – doctor did emergency surgery as I was septic – he replaced the kegul mesh with alloderm mesh – now I am in pain, deformed – life changing, cannot work. Here is my question: what are the serial numbers of the recalled kegul mesh ? When I first asked a lawyer, they said “no” that my implanted mesh that caused infection and absess – was not on the recall list – but that they were adding on as time went on. It is weird to me that mine wasn’t on the list, yet caused me so much trouble and if not for that mesh – well, I wouldn’t have the alloderm which I am in a lawsuit for that mesh – but really need to know about my kegul mesh – where can I go to find the serial numbers of the recalled product from bard ??

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