Michelle Keahey, East Texas Bureau Oct. 7, 2013, 1:30pm

TYLER - A Kilgore woman has filed a lawsuit against the manufacturers of the mesh patch used to repair her hernia claiming that the product caused serious side effects.

Alicia Daniel filed suit against Davol Inc. and C. R. Bard Inc. on Oct. 4 in the Eastern District of Texas, Tyler Division.

According to the lawsuit, Daniel was implanted with a Kugel Mesh product in order to repair ventral hernias. The suit states that a Class I recall notice was initiated in December 2005 and updated in January 2007. The recall was necessitated because the memory recoil ring opens the patch after placement, can break and/or buckle under stress and cause serious complications, according to the suit.

The defendants are accused of negligence for failing to adequately and properly test and inspect the Kugel Mesh to determine whether or not it was safe for the purpose for which it was designed, failing to utilize and implement reasonably safe design practices in the manufacture of mesh so as to avoid an unsafe finished product, failing to have adequate safety measures in place and for failing to timely warn physicians.

The plaintiff is seeking an award of damages for medical expenses, loss of earning capacity, physical pain and suffering, mental anguish, disfigurement, physical impairment, medical and pecuniary losses and court costs.

Daniel is represented by Jeffery T. Embry and George Cowden IV of Hossley & Embry LLP in Tyler. A jury trial is requested.

Case No. 6:13-cv-00747

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