A St. Tammany Parish, La., woman has filed a product liability lawsuit against the manufacturers of the hernia mesh product that she had implanted in 2004 and removed in 2011 due to complications.
Bernadette Warren filed suit against Davol Inc. and C.R. Bard Inc. on Nov. 19 in the Eastern District of Texas, Beaumont Division.
Warren was implanted with the Bard Ventralex Hernia Patch on April 4, 2004, by Dr. Cary Gray at Ochsner Medical Center in Slidell. The patch was removed on Feb. 21, 2011.
Warren claims the patch caused her to suffer from injuries which include pain, discomfort, nausea, vomiting, fever, infections, intestinal perforations, abscesses, bowel obstruction, sepsis and chronic intestinal fistulae.
The defendants are accused of construction or composition defect, design defect, inadequate warning, breach of express warranty and redhibition.
Warren argues that the hernia mesh product constitutes an unreasonable risk of danger because it was not properly manufactured, was defectively designed, did not perform as safely as an ordinary consumer/patient would expect and was inadequate or insufficient to maintain its integrity during normal use after implantation in the consumer/patient.
The plaintiff is seeking an award of damages, plus court costs, attorney’s fees and interest.
Warren is represented by Scott A. Love of Clark, Love & Hutson G.P. in Houston. A jury trial is requested.
U.S. District Judge Ron Clark is assigned to the case.
Case No. 1:12-cv-00552