ST. LOUIS – A woman recently filed suit against C.R. Bard and Davol Inc. claiming she suffered injuries from a hernia mesh product they manufactured.
Callie Cooper had an umbilical hernia and had surgery to repair it on Sept. 18, 2012, by Dr. Kean Griffith at the Poplar Bluff Regional Medical Center, according to a complaint filed May 31 in the U.S. District Court for the Eastern District of Missouri.
Cooper claims Griffith used a Composix Kugel hernia mesh patch manufactured and sold by C.R. Bard and Davol during the repair.
The suit said Dr. Darin M. Minkin removed the Composix less than a year later because it was no longer covering the hernia and was causing Cooper injuries.
Even though the product was removed, it has still caused Cooper to suffer complications and she will likely have to undergo future corrective surgeries because of the mesh patch, the suit said.
"Defendants were responsible for the research, design, development, testing, manufacture, production, marketing, promotion, distribution and sale of the Composix Kugel, including providing the warnings and instructions concerning their product," the complaint states.
As early as 2004, the defendants were aware of failures with some of the mesh patch products and a recall was issued in 2005, according to the suit.
Cooper claims the defendants were aware of the inherent defects with the products and failed to recall the specific product that was used during her surgery.
The suit also claims defendants failed to warn Cooper of the issues with the products and defectively designed the products.
Cooper claims the defendants breached their warranty, caused emotional distress, fraudulently concealed the defects in their product and misrepresented their product.
Cooper is seeking compensatory and punitive damages. She is represented by Adam M. Evans and C. Brett Vaughn of Hollis Law Firm in Prairie Village, Kansas.
U.S. District Court for the Eastern District of Missouri Case number 1:18-cv-00121