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The Composix Kugel mesh is a medical device that becomes implanted into a hernia patient's body. These "hernias" are a common medical condition that causes the unnecessary exposure of organs with an opening in the abdominal area. A Composite Kugel Mesh is applied in hopes of restoring the abdominal wall, as well as repairing the fascial defect caused by the hernia.
When the device was first released by C.R. Bard in 1996, the Kugel Mesh was distributed as a resolution for hernia patients. Unlike most meshes of the time, the Composix Kugel Mesh was easy to maintain and fix on the patient’s abdominal wall. As a result, most patients were willing to get this mesh surgically implanted since they believed it was the best device (at the time) for treatment of hernia complications.
Some common side effects associated with the Kugel mesh implant include:
This particular mesh carries a higher infection risk than a standard single-layer polypropylene mesh. This problem arises out of design inefficiencies. Moreover, the composix kugel mesh is made up of two layers of polypropylene and another coating of expanded polytetrafluoroethylene or ePTFE. While the extra layers of polypropylene reinforce the abdominal wall through fibroblast invasion, the ePTFE coating forms a weak bond with intestines and exposes the patient to infections.
In some cases, patients have developed osteomyelitis after placement of the implant. Osteomyelitis is a serious bone infection that leads to severe back pain and redness of the affected area. If this condition is not managed early, it can lead to amputation of the infected organ.
Gram-negative bacteria are also associated with composix kugel mesh infections. These microorganisms are responsible for septicemia. In other words, the implant can cause blood poisoning. In addition, if septicemia is not detected and treated early, the patient’s life is at risk. This is primarily because the septicemia transforms into sepsis which leads to organ failure.
Another causative agent associated with the mesh infection is the Gram-positive Cocci. This bacterium is linked to aspiration pneumonia and soft tissue infections. The mesh can also trigger Enteric Fistula which is an unusual link between the gastrointestinal tract and abdominal organs. This condition can result in organ failure and severe abdominal pains.
The design of the mesh can also lead to injuries which happen when the metallic ring surrounding the perimeter of the hernia mesh snaps and moves out of place, causing harm to blood vessels, nerves, soft tissues, and organs.
1. Thorpe et al v. Davol, Inc. et al
The plaintiffs in this matter argued that Christopher Thorpe was the victim of a faulty hernia repair mesh. The implant had broken leading to severe internal injuries for the plaintiff. Due to the injuries, Christopher Thorpe had to go through multiple painful surgeries. The jury found the defendants guilty of negligence and asked them to pay the plaintiffs $1.3 million for personal injury damages and an additional $200,000 for loss of consortium.
2. United States Class Action Settlement
On July 6, 2011, it was announced that Bard had agreed to settle lawsuits brought by 2600 hernia mesh victims. Bard awarded an average of $70,000 to each plaintiff. In total, the pharmaceutical firm spent around $184 million for the entire settlement.
3. Canada’s Class Action Settlement
In 2014, Bard Davol had agreed to compensate over $1,375,000 to composix hernia mesh victims in Canada. The settlement was approved by the Ontario Superior Court of Justice.
Both victims and their families may seek compensation for any severe injuries that may be directly related to the hernia mesh implant. In addition, such plaintiffs should consider the following elements when filing their case:
• The client had ventral hernia which was repaired by the composix kugel mesh, but then later failed. This is because the hernia mesh is mostly used to replace ventral hernia.
• In order to effectively pursue legal action, the mesh must have been implanted between 2006 and May 25, 2016. This is essential as during this period, most faulty meshes were recalled by the company; and
• The client has suffered any of the mentioned side effects after the implant.
As a victim, you must acknowledge the fact that your claim may be different from past lawsuits. Your compensation will depend on any financial losses you may have incurred due to the implant, pain, and medical complications. In addition, your physical complications are very important. If the hernia mesh has led to more visits to the hospital, your claim will be worth more than someone who has only had a few hospital visits.
Regardless, you should not worry as pharmaceutical companies may be more than willing to settle if your case is strong. Due to the history of successful hernia mesh lawsuits, the defendant is likely to offer you a settlement to avoid incurring any additional costs. If you or someone close to you has suffered from bowel perforation, fistulas or any of the mentioned symptoms because of a kugel mesh implant, kindly send your complaint to any of our attorneys by giving us a call or referring to our contact page. Here, our dedicated attorneys will know how to carry out your case, as well as your wishes. Our firm will work diligently to defend your rights.
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