Woman sues hernia repair patch manufacturer claiming patch dislodged

SHERMAN - A Trophy Club resident has filed a lawsuit against the manufacturers of a hernia repair patch that allegedly dislodged and caused several medical issues.

Celeste Fraga filed suit against Davol Inc. and C. R. Bard Inc. on Oct. 16 in the Eastern District of Texas, Sherman Division on Oct. 16.

Davol manufactured Bard Composix Kugel Mesh Patches and other hernia repair products with similar design features, which were implanted in patients during ventral hernia repair surgeries to repair hernias that can occur following thinning or stretching of scar tissue that forms after surgery.

The FDA initiated a Class I recall on the devices in December 2005 and it was expanded in 2006 and 2007.

Fraga underwent hernia repair surgery on April 9, 2003. According to the lawsuit, in June 2011, she began experiencing severe abdominal pain and a CT revealed the implanted Mesh had dislodged and pulled away from the fascia, which had caused dense adhesions and severe left lower quadrant pain. She underwent two surgical procedures in an attempt to repair the problems.

The defendant is accused of fraudulent concealment, negligence, strict liability (failure to warn), design, manufacturing, and marketing defect claims, breach of implied warranty, and constructive fraud.

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

Fraga is represented by Daniel R. Thering and Audra L. Mayberry of Thering McCarley in Frisco. A jury trial is requested.

Case No. 4:12-cv-00658