A hernia is described as a weakening of the walls in the abdominal or pelvic area, usually caused by overexertion. A hernia can be quite painful, and hundreds of thousands of people have required surgery to correct the problem. There are many different products that can be used during a hernia procedure. These are meant to stabilize the area and prevent pain during the healing process.
Davol, a medical device company, introduced a revolutionary hernia mesh patch called the Kugel that was meant to provide this exact function. What physicians liked about the patch was that it included a spring-loaded rim, allowing the surgeon to fold the patch for insertion. Once the Kugel hernia patch had been inserted through a small incision, it would spring open to lie flat between the hernia and the abdominal or pelvic wall. The Kugel hernia patch would then support the weakened walls of the abdomen or pelvis, which lessened the pain and allowed for more movement during the recovery period. The Kugel hernia patch was extremely popular, and over 78,000 patients were treated with the patch during their hernia surgery.
Unfortunately, complications arose for some patients of the Kugel hernia mesh patch. Patients began to experience tenderness at the surgery site, nausea, vomiting, fever, and unexplained abdominal pain. Davol received a number of complaints in 2003 about the complications with the Kugel mesh patch, which prompted the company to recall the faulty patches and release improved versions.
The hard edges on the spring recoil rim of the faulty patches were not strong enough to withstand the pressure of the abdominal muscles. This caused the patches to break, folding them in half. When the patch folded, sharp edges were formed, which would then puncture the internal organs. The illness and infection that followed, including chronic intestinal fistulae, obstructed bowels, and perforated bowels, made patients extremely ill. In several cases, death was a result.
Bringing Lawsuits Against Davol
Many of these patients have begun seeking legal counsel for action against Davol for the Kugel hernia mesh. Patients that have been affected by the hernia mesh complications are seeking damages for unpaid medical bills, loss of quality of life, and pain and suffering. For those that have lost their lives to the Kugel hernia mesh patch, family members are bringing suit for similar damages. The complications that surround the hernia patch have led to extended hospital stays, additional surgeries, and interrupted family time.
There are no class action suits against Davol for the Kugel hernia patch, so individual patients have brought each lawsuit against the company. These claimants state that the company has a responsibility to provide safe and effective medical devices to the consuming public. This includes performing adequate testing on the hernia mesh patches before distribution, and also distributing the marketing materials for the Kugel hernia mesh patch with warnings about the possible complications that could arise. To bring a suit against Davol, patients should first ensure that they do, indeed, have the Kugel mesh patch, and then they should check the statute of limitations for their particular state.
Author Resource:
Henry Anderson is the author of this article on Hernia Mesh Recall .
Find more information about Kugel Mesh Trial here.
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