Longview man's suit claims nine years’ worth of pain from hernia patch

MARSHALL - In a recently filed lawsuit, a Longview man claims that for nine years he has suffered chronic pain and infections from an umbilical hernia patch.

Frankie G. Sumpter Jr. filed suit against C. R. Bard Inc. on Oct. 5 in the Eastern District of Texas, Marshall Division.

According to the lawsuit, Sumpter was treated at Good Shepherd Medical Center in Longview for a diagnosis of umbilical hernia repair in August 2003. A Bard Composix Kugel Hernia Patch was used to repair the hernia.

His condition was not remedied by this procedure and he became physically worse than he was just prior to the surgery, the suit claims. Sumpter states he has suffered chronic pain and infections in the incision area.

The defendant is accused of strict liability, negligence and breach of warranty for manufacturing and marketing a product that was likely to “erode, disintegrate, delaminate, and prone to ring fractures.”

The plaintiff is asking for an award of medical expenses, loss of wage earning capacity, lost wages, physical impairment, loss of enjoyment of life, pain and mental anguish, interest, attorney’s fees and court costs.

Sumpter is represented by Dan Stroup in Longview and Blake C. Erskine of Erskine & McMahon in Longview. A jury trial is requested.

U.S. District Judge Rodney Gilstrap is assigned to the case.

Case No. 2:12-cv-00641