Kugel Mesh patches are used to repair hernias that are caused by the stretching or thinning of scar tissue after a surgery. Unfortunate for many individuals who have gone through the procedure Kugel Mesh Patches produced by Davol Inc. and Bard were defectively manufactured resulting in serious complications. If you or a loved one have experienced complications due to kugel mesh implants you may be able to have a recovery claim for your injuries.
Complications for Kugel Mesh devices began in the early 2000’s after its Manufacturer Davol, Inc. began producing and distributing large and extra large versions of the patch. After the introduction of the defective medical devices hundred of patients began experiencing serious side effects of the implanted Kugel Mesh including intestinal fistulas, perforation of the abdominal cavity and sepsis.
Filing a Kugel Mesh Lawsuit – Defective Medical Product Claims
Generally there are three ways that a plaintiff can prove a product was defective in the court of law. (1) Manufacturing Defect, (2) Design Defect and (3) Failure to properly warn defect.
Manufacturing: Surgical Device and Implant Manufacturer defects take place when there is a mistake in the manufacturing method, which results in the manufactures device to be different from its intended design. The product will be considered defective when it is dissimilar from its original design, even though care was exercised to avoid this issue. When considering whether a product has a manufacturing defect, the important question is always whether it was designed in conformity with the manufacturer’s original plans. If there is some type of deviation then a manufacturer defect is considered to exist.
Product Design Defects: A design defect takes into consideration the overall design of the product. There are several steps that are needed to be proven by a defective medical product plaintiff in order to succeed.
- Was the kugel mesh properly designed?
- Did the Davol have more suitable designs which were less likely result in complications?
- Did the Davol anticipate the use of the product in such a procedure by medical doctors.
Product Labeling Defects: Medical Device Manufacturers have a duty to warn consumers of the known dangers from the use of the product. If the manufacturer does not adequately warn of a known risk then it can be held liable for injuries which take place from the product use. While manufacturers are not required to warn of obvious dangers, the courts apply an objective test to determine knowledge. Would a reasonable person know whether the product was defective or noticed the inherent issue.
Compensation for your injuries
If you or a loved one have experienced complications after a Kugel Mesh Surgical Implant you may be entitled to compensation for you injuries. An experienced defective product attorney can help you receive compensation for.
- Medical Care and Future medical needs
- Lost earning and future loss of income
- Pain and Suffering
For further information contact our Attorney for a free no cost consultation regarding your kugel mesh injuries.