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Editor: Bob Binstock, Attorney at Law
Profession: Defective Medical Device Attorney

Category: Mesh Patch Lawsuits

In May of this year the estate of an Ohio man filed a lawsuit alleging that the 68 year-old died due to complications from a defective Kugel Mesh Hernia Patch. Richard Kinney had hernia surgery in October of 2003 and only a few short months later he met his demise. The lawsuit claims that the hernia repair surgery directly lead to his death on March 9, 2004.

In January of 2004 Kinney was admitted to a hospital in Arkansas while out of town with his wife. A CT scan confirmed that Kinney had bowel obstruction at the hernia site. Over the next six days, three surgeries were performed on Kinney that included the removal of his small bowel and his spleen.

By early March the physicians concluded that Kinney's condition would be fatal. He was airlifted to a hospital closer to home to be near his family during his final days. Over a year after Kinney's death the Kugel Mesh Patch manufacturer, Davol, did issue a recall for defective patches. The recall however, did not include the patch that was used in Kinney's surgery. The attorneys for the estate claim that Davol was aware of the high failure rate and the risks of their patches and did not provide a safe product to the end consumer.

The lawsuit asserts wrongful death, negligence, violation of Ohio deceptive trade practices, product liability, negligent and intentional infliction of emotional distress and fraud.