A Mississippi woman has filed a lawsuit against the manufacturers of her hernia mesh product claiming that it was dangerous due to defects in design and manufacture.
Elizabeth Bradshaw filed suit against Davol Inc. and C.R. Bard Inc. on April 2 in the Eastern District of Texas, Beaumont Division.
Bradshaw was implanted with the Kugel Composix Mesh on Nov. 21, 2008 at St. Dominic-Jackson Memorial Hospital in Jackson, Miss. The mesh was removed on April 4, 2010, at Mississippi Baptist Medical Center in Jackson, Miss.
Bradshaw argues that the hernia mesh product constituted an unreasonable risk of danger and injury as the product 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 defendants are accused of negligence, strict liability, design defect, manufacturing defect, failure to warn, breach of express warranty and breach of implied warranty.
The plaintiff is seeking an award of damages for mental and physical pain and suffering, medical expenses, lost income, punitive damages, loss of life’s enjoyment, court costs, attorney’s fees and interest.
Bradshaw 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-00190