Davol Inc., and C.R. Bard face a woman’s recent Bard hernia mesh lawsuit in Missouri federal court over adverse effects she suffered after undergoing hernia mesh surgery.

According to the Bard hernia mesh lawsuit, plaintiff Phyllis M. says that she underwent incisional hernia repair surgery in January 2005. However, because of complications and adverse effects she suffered, she was required to undergo recurrent repair surgery on May 22, 2016, as stated in the Bard hernia mesh lawsuit.

Complications from the hernia mesh surgery included a “tedious lysis of adhesions” that had to be chipped away from the abdominal wall using a scalpel. According to the physician who conducted the procedure, this complication “added greatly to the length and complexity of the procedure,” the Bard hernia mesh lawsuit states.

Phyllis says that she continues to suffer complications because of the allegedly defective hernia mesh.

The Bard hernia mesh lawsuit was filed on multiple counts including manufacturing defect, design defect, failure to warn, negligence, breach of express warranty, Violation of Federal and State Consumer Protection Laws, negligent infliction of emotional distress, fraudulent concealment, negligent misrepresentation, and punitive damages.

Phyllis demands a trial by jury.

Filing a Bard Hernia Mesh Lawsuit

In recent years, there have been more than 3,000 hernia mesh lawsuits filed in federal courts. These have all stemmed from patient complaints of serious injuries and complications ranging from organ damage to infection.

According to the U.S. Food and Drug Administration (FDA), a hernia occurs when an organ pushes through a connective tissue or muscle. Through a combination of any kind of pressure on the abdomen, a hernia can result. It is often seen on the wall of the abdomen.

There are several different causes for a hernia, but some may include: the lifting of heavy objects; having to cough or sneeze a lot; having constipation or diarrhea; and obesity.

Common hernias that also result may occur ventrally, meaning at the abdominal/ventral wall; inguinally, at the inner groin; incisionally, through an incision made in the abdomen; umbilically, or at the navel; and hiatally, or inside the abdomen.

The most common complications that have followed hernia mesh surgery have included:
• Mesh shrinkage
• Mesh migration and rejection
• Nerve damage
• Organ perforations
• Pain & bleeding
• Tenderness at the site of implantation
• Seroma, or fluid buildup at the site of surgery
• Hernia recurrence
• Intestinal or Bowel blockage
• Infection
• Autoimmune reactions to mesh

The first hernia mesh devices involved in multidistrict litigation (MDL) have included several different models of C.R. Bard Davol’s Kugel Patch. Because of adverse side effects including bowel perforations and fistulas, the company had the hernia mesh patch recalled in 2005.

Some of Bard’s models involved in lawsuits have included the Perfix Mesh, Ventralex Patch, Sepramesh IP Composite Mesh, Composix E/X Mesh, Ventralex ST Mesh, and 3DMax Mesh.

C.R. Bard Inc. and other manufacturers have since faced more than 3,000 lawsuits in federal court. For the Kugel patch lawsuits filed against the company, Bard offered $184 million in settlements to close out the litigation in June 2011. In 2014, the company agreed to a $1.375 million settlement agreement over hernia mesh class action lawsuits pertaining to the Kugel Patch.

Plaintiffs filing hernia mesh lawsuits accuse the manufacturers of several counts of negligence, including: failing to sufficiently test the hernia mesh, failing to warn the public of risks and side effects linked to the product, manufacturing a defective product, concealing pertinent information regarding the defective hernia mesh, misrepresenting the safety and effectiveness of the hernia mesh, and negligently marketing and manufacturing a dangerous product.

The Bard Hernia Mesh Lawsuit is Case No. 4:18-cv-00131-DGK, in the U.S. District Court for the Western District of Missouri, Western Division.