201107.05
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Defective Hernia Patch Manufacturer Pays $184 Million to Settle

The manufacturer of the Composix Kugel mesh hernia patch has agreed to pay 184 million dollars to settle outstanding lawsuits against the company following the recall of its product in December 2005.

C.R. Bard, and its subsidiary Davol Inc., first recalled the product when the US Food and Drug Administration (FDA) discovered that the patch´s memory recoil ring could fail once being inserted into a patient. The FDA determined that the failure of the recoil ring to spring back open after insertion could, in the most serious cases, cut into the surrounding tissue and potentially perforate the intestines or bowel – causing serious injury or even death.

In total, more than 2,700 product liability and personal injury claims were made against the company following the recall – claims which C.R. Bard refuted. The company stated that they had acted responsibly by ordering a recall at the first sign of a problem and, in the first test trial against them, a jury agreed.

However, when a North Carolina court found in favour of a plaintiff who had suffered injury due to the Composix Kugel mesh hernia patch, and awarded them 1.5 million dollars, the company was forced into a rethink.

The news that they have now decided to settle the remaining claims for personal injury compensation will come as a huge relief to those who have waited for years to be compensated for the injuries they have suffered.