Man awarded $500,000 over hernia mesh injuries

Hernia mesh injuries award overview: 

• Who: A federal jury in Ohio awarded $500,000 to an Ohio man, Aaron Stinson, as a result of his lawsuit against C.R. Bard Inc. and its subsidiary Davol Inc. 
• Why: Stinson argued he sustained lifelong injuries after being implanted with the PerFix Plug, a dart-shaped hernia mesh meant for the groin region manufactured by Bard and Davol. 
• Where: The complaint was litigated in Ohio federal court. 

A federal jury in Ohio has awarded $500,000 to a man who argued he experienced injuries after a hernia mesh manufactured by C.R. Bard Inc. and its subsidiary Davol Inc. adhered to his insides. 

Plaintiff Aaron Stinson claimed he sustained lifelong injuries and a substantial amount of pain and suffering after using the companies’ PerFix Plug, a dart-shaped hernia mesh designed for the groin region, according to Law360. 

Stinson reportedly argued he had the PerFix Plug implanted in 2015 to heal a hernia, but had to remove the device in 2017 after it allegedly failed and injured him by sticking to tissues around where it had been implanted. 

The jury determined that, while Stinson was unable to prove the companies acted maliciously, he did prove they failed to warn him about the risks associated with using the hernia mesh product, Law360 reports. 

Hernia mesh makers argued insufficient evidence was provided to prove claims

Bard and Davol, in arguing for judgment, reportedly claimed Stinson provided insufficient evidence to “meet his burden on his claims for failure to warn and design defect,” and that he ultimately did not prove his allegations. 

Stinson maintained that he had shown enough evidence to support his claims and said Bard and Davol’s judgment motion was “unfounded” and used “rehashed arguments” and a “myopic” reading of the record, according to Law360. 

The complaint is only one of a number of complaints against Davol and Bard that are being heard as part of a multidistrict litigation involving the PerFix Plug hernia mesh. 

A separate lawsuit was filed against Davol and Bard in 2018 by a Louisiana woman arguing the companies failed to warn her about the allegedly defective nature of its Composix Kugel Mesh, including the potential for developing an infection. 

Have you been injured from a hernia mesh implant? Let us know in the comments. 

The plaintiff is represented by David J. Butler of Taft Stettinius & Hollister LLP, Timothy M. O’Brien of Levin Papantonio Rafferty Proctor Buchanan O’Brien Barr & Mougey PA, Kelsey L. Stokes of Fleming Nolen & Jez LLP and Jeffrey S. Grand of Seeger Weiss LLP.

The hernia mesh case is In re: Davol Inc./C.R. Bard Inc. Polypropylene Hernia Mesh Products Liability Litigation, Case No. 2:18-md-02846, in the U.S. District Court for the Southern District of Ohio.

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