Georgia woman files Texas suit over hernia mesh product

By Michelle Keahey, East Texas Bureau | Jan 14, 2013

Although she had the medical device removed more than eight years ago, a Georgia woman has filed a lawsuit against the manufacturers of her hernia mesh product claiming that the product caused painful injuries.

Christine Howard filed suit against Davol Inc. and C. R. Bard Inc. on Jan. 9 in the Eastern District of Texas, Beaumont Division.

Howard was implanted with the Bard Composix Kugel Mesh on Feb. 12, 2003, at Doctor’s Hospital in Augusta, Ga. The product was removed on April 21, 2004, the suit states.

The mesh product is a medical device used to repair ventral hernias or hernias of the abdominal region.  According to the lawsuit, defects with the products can cause serious injuries such as bowel obstruction and sepsis.

The defendants are accused of negligence, strict liability including design defect, manufacturing defect, failure to warn, breach of express warranty and breach of implied warranty.

Howard alleges the mesh product was not properly manufactured, defectively designed, did not perform as safely as an ordinary consumer would expect and was inadequate to maintain its integrity during normal use after implantation in the patient.

“Defendants withheld material information from the medical community and the public in general, including Plaintiff, regarding the safety and efficacy of the Hernia Mesh Product,” the lawsuit states.

The plaintiff is seeking an award of damages for mental and physical pain and suffering, loss of life’s enjoyment, permanent injury, economic loss, medical expenses, lost income, punitive damages, court costs, attorney’s fees and interest.

Howard is represented by Scott A. Love of Clark, Love & Hutson GP in Houston. A jury trial is requested.

U.S. District Judge Marcia A. Crone is assigned to the case.

Case No. 1:13-cv-00012

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