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A man has filed a lawsuit against hernia mesh manufacturer C.R. Bard and its supplier Red Oak Sales after he experienced personal injury stemming from complications with the Bard hernia plug.
Plaintiff Jonathan G. states that his issues began after he had the Davol Bard Mesh PerFix Plug implanted into his body, which has since been removed. In 2003, Jonathan had the Bard hernia plug surgically placed during his hernia repair surgery to fix the hernia that was present in his groin.
According to Jonathan’s Bard hernia plug lawsuit, the mesh was “defective and unreasonably dangerous” due to a variety of defects including the following:
- Mesh material degrades, causing a reaction with human tissues and other body parts which can adversely affect a patient’s health
- Mesh products can harbor infections to negatively impact the patient’s health
- The mesh can potentially move from its original site of implantation
- The mesh hernia plug may erode into surrounding structures of the body
- Mesh may shrink or contract as well as harden
- The mesh may provoke a foreign-body response, causing the body to attack the product and create inflammation
- The inflammation caused by the foreign-body response can cause the mesh to be trapped and difficult to impossible to remove
- The mesh may fail to perform as it was intended
“Due to defective and unreasonably dangerous design, failure to warn and/or warn adequately of [t]he Product’s potential dangers, defective and unreasonabl[e] marketing, and negligence by the Defendants, Plaintiff was required to have an emergency removal of a hard mask containing infected mesh and a perforated appendix, along with another hernia repair” in June 2016, the lawsuit claims.
The Bard hernia plug “caused Plaintiff … biological incompatibility and excessive and dangerous inflammation, scarring, and concrete-like mesh-involved masses and other adhesions, resulting in strangulation, entrapment, experience, destruction, and the formation, obliteration and erosion of Plaintiff’s appendix,” the lawsuit states.
Additionally, Jonathan had to undergo two surgeries to correct his initial problem, as well as suffer from pain, disturbance of his gait, mounting medical bills and missed work.
“Even though Defendants have known or should have known that the Product created foreseeable, unreasonable risks of harm to those men in whom it was implanted, Defendants continued to market the Products, failed to adequately test and investigate these risks and did not warn or failed to adequately warn of the risks associated with the Product,” the Bard hernia plug lawsuit states.
Jonathan has brought forth a number of allegations in his Bard hernia plug lawsuit including negligence, strict products liability for product defect and failure to warn, breach of warranty, and punitive damages.
The specific damages requested were not spelled out in Jonathan’s Bard hernia plug lawsuit. However, similar product liability lawsuits often seek damages related to medical expenses, lost wages, pain and suffering, emotional distress, loss of spousal companionship and more.
The Bard Hernia Plug Lawsuit is Case No. 2:17-cv-00039-JMB in the U.S. District Court for the Eastern District of Missouri, Northern Division.
Do YOU have a legal claim? Fill out the form on this page now for a free, immediate, and confidential case evaluation. The hernia mesh attorneys who work with Top Class Actions will contact you if you qualify to let you know if an individual lawsuit or class action lawsuit is best for you. [In general, hernia mesh lawsuits are filed individually by each plaintiff and are not class actions.] Hurry — statutes of limitations may apply.
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