MARSHALL - A Harrison County man has filed a lawsuit against the manufacturer of the surgical mesh that was used to repair his hernia, claiming the mesh was defective and caused chronic infections.
John T. McDonald filed suit against C. R. Bard Inc. on June 25 in the Eastern District of Texas, Marshall Division.
On Feb. 5, 2010, McDonald was treated at Good Shepherd Medical Center in Longview for a diagnosis of umbilical hernia. A Ventralex patch was used, according to the suit.
McDonald claims that following the surgery his pain became worse and he suffered from chronic infections around the area of the incision. He underwent a second surgery in August 2010, and the mesh was found to be infected, dislodged and eroding, the suit states.
The defendant is accused of strict liability, negligence and breach of express and implied warranties due to the defective mesh.
The plaintiff is asking the court for an award of damages for medical expenses, loss of wage earning capacity, lost wages, physical impairment, loss of enjoyment of life, pain and mental anguish, attorney's fees, interest and court costs.
McDonald is represented by Longview attorney Dan Stroup and Blake C. Erskine of Erskine & McMahon LLP in Longview. A jury trial is requested.
U.S. District Judge Rodney Gilstrap is assigned to the case.
Case No. 2:12-cv-00385