Suit alleges hernia repair patches caused infection

Michelle Massey, East Texas Bureau Jan. 3, 2008, 4:00am

Carly Slack Anderson

TEXARKANA – After having several surgeries to repair hernias, Marion Teague began to experience abdominal pain and inflammation. Teague claims the mesh patch used to repair the hernias had become infected, requiring additional surgery to remove the patch.

The Arkansas resident filed a product liability suit against the hernia repair patches manufacturer, C. R. Bard Inc. and Davol Inc. on Dec. 28 in the Texarkana Division of the Eastern District of Texas. Although Teague is an Arkansas resident, he argues the Texas court should retain jurisdiction because the surgeries at issue occurred in Bowie County, Texas.

Within the original complaint, the plaintiff argues his injuries are caused by the defective design, manufacture and marketing of the hernia repair mesh patches.

The suit claims the defendants, Bard and Davol, are negligent for designing an unreasonably dangerous product, failing to reduce patch malfunction in the product design, failing to provide adequate warnings or instructions and failing to monitor its manufacturing process to prevent the defective patch from reaching consumers.

Teague states the defendant breached implied warranties by distributing a hernia repair patch that "was unsafe for its intended use, and not merchantable quality, as warranted by defendants, in that it had dangerous propensities when used as intended and implanted into a patient's body where it could cause serious injury of harm or death to the patient."

Teague is seeking more than $75,000 in damages for past and future physical pain, mental anguish, disfigurement, physical impairment, medical expenses, lost wages, lost earning capacity, and loss of household services.

The U.S. Food and Drug Administration issued a recall in Dec. 22, 2005, for Bard's Composix Kugel Mesh Patch. The recall states the mesh patch can break under the stress of placement, leading to bowel perforations and/or recurring abnormal connections between the intestines and other organs. The recall was recently updated on Jan. 24, 2007, with an expanded list of product codes and lot numbers.

Teague's claims do not state if the patches at issue are involved in the recall.

Currently, the defendants have not responded to the allegations.

Carly Slack Anderson of the Texarkana law firm Patton, Tidwell and Schroeder, L.L.P is representing the plaintiff. The plaintiff is requesting a trial by jury.

U.S. District Judge David Folsom will preside over the litigation.

Case No.: 5:07cv00192

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