Way back in December of 2005, C.R. Bard and its subsidiary Davol Inc. launched a recall of their Composix Kugel mesh hernia patch. The recall came on the heels of the discovery that the memory recoil ring that allowed the patch to spring back open after being inserted into a small incision could fail, resulting serious injury and even death. Over 5 years later Bard has agreed to pay $184 million to settle majority of lawsuits pending against the company.
Between 2005 and 2007 three separate Kugel mesh recalls were issued by the FDA and Bard over problems with the memory recoil ring. In the most serious cases the broken ring would cut into the surrounding tissue causeing perfration of the intestines or bowel resulting serious and sometimes fatal injuries.
In all, over 2,700 plaintiffs have filed suit against the hernia patch maker for both product liability and personal injury claims associated with the allegedly defective patch.
Bard refuted most of the claims pending against them, saying that the company acted responsibly by issuing a voluntary recall at the first signs of a problem.
After winning the first case that went to trial, Bard was not as fortunate in the second trial and was forced to pay out $1.5 million to a North Carolina couple.
The settlement comes as welcome news to many of the thousands of plaintiffs that have been waiting for years to be compensated for the damages they have suffered.