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An Arkansas man has filed a product liability lawsuit against C.R. Bard and Davol, Inc., indicating that problems with the Bard Perfix Plug caused severe pain following a hernia repair, ultimately leading to the need for revision surgery.
The complaint (PDF) was filed by Gregory Rowe in the U.S. District Court for the Western District of Missouri on January 18, indicating that the polypropylene material used in the Bard Perfix Plug is incompatible with human tissue and prone to failure.
Rowe experienced hernia repair problems following a procedure in May 2014, when a Bard Perfix Plug was implanted to fix a right inguinal hernia. In December 2016, he underwent revision surgery to have the hernia repair mesh removed, due to inguinodynia; post-hernia surgery pain lasting more than three months. His doctor noted that the mesh was found to be “contracted in nature” when it was removed.
According to the lawsuit, C.R. Bard and it’s Davol, Inc. subsidiary knew that the Bard Perfix Plug could cause serious complicatiopns, but failed to provide adequate warnings for the medical community or patients.
“Defendants’ PerFix Plug product contains several layers of polypropylene mesh. Despite claims that this material is inert, a substantial body of scientific evidence shows that this mesh material is biologically incompatible with human tissue and promotes an immune response in a large subset of the population receiving these products,” Rowe’s lawsuit states. “This immune response promotes degradation and contracture of the polypropylene mesh, as well as the surrounding tissue, and can contribute to the formation of severe adverse reactions to the mesh.”
The case is part of a growing number of hernia mesh lawsuits being filed in courts nationwide against manufacturers of various devices introduced in recent years, which have been linked to reports of painful and debilitating complications.
In addition to a number of other Bard hernia mesh lawsuits over products like the Perfex Plug and the Ventralex patch, a particularly large number of Atrium C-Qur lawsuits and Ethicon Physiomesh lawsuits have been brought nationwide, leading to the federal court system to establish centralized pre-trial proceedings for the litigation involving those two products.
The lawsuit presents claims of of manufacturing defect, design defect, failure to warn, negligence, breach of warranty, violation of consumer protection laws, gross negligence, unjust enrichment, negligent infliction of emotional distress, fraudulent concealment, constructive fraud, and negligent misrepresentation. Rowe is seeking punitive and compensatory damages.
As product liability lawyers continue to review and file additional cases over Bard hernia mesh problems, it is possible that another multidistrict litigation (MDL) will be established for all claims filed against C.R. Bard and it’s Davol subsidiary.