KANSAS CITY – Davol Inc. and C.R. Bard, makers of a mesh surgical device used to repair hernias, face allegations that the product is "defective" and "dangerous" by a Missouri patient claiming he suffered serious injuries from the implant.
Plaintiff Jesus Campos filed suit on July 20 in the U.S. District Court, Western District of Missouri, against the manufacturers of Ventralex Mesh used by Dr. Ryan Strain to repair Campos’ umbilical hernia at Liberty Hospital in Liberty, Missouri, on September 30, 2015.
Campos allegedly suffered complications and infection from the implant after the surgery. Doctors performed a second surgery on January 26, 2016, to remove the device, according to the lawsuit.
The lawsuit claims gross negligence, violation of consumer protection laws and fraudulent concealment, among other allegations. Campos alleges that the makers of the surgical implant knew it was defective but continued to sell it because profit margins were higher than for similar devices on the market.
"Defendants continued to manufacture and sell Ventralex Mesh after obtaining knowledge and information that the product was defective and unreasonably unsafe," according to the lawsuit. "Even though defendants have other hernia repair mesh devices that do not present the same risks as the Ventralex Mesh, defendants developed, designed and sold Ventralex Mesh, and continue to do so, because the Ventralex Mesh has a significantly higher profit margin than other hernia repair products."
Campos' lawsuit alleges a history of problems with the implant that has caused pain, graft rejection, graft migration, organ damage, infection, sepsis and death in patients.
Campos stated the manufacturer knew of the problems, including that the mesh can harbor infection in patients, as evidenced by other legal actions related to patients allegedly injured by the device.
In addition, the polypropylene material caused the product to be extremely difficult to remove, leading to extreme pain in the patient, according to the lawsuit.
The complaint also alleges that defendants Davol and C.R. Bard are ”prevented from relying on any statues of limitations or repose by virtue of their acts of fraudulent concealment, which include the defendants’ intentional concealment from plaintiff and the general public that the Ventralex Mesh is defective, while continually marketing the Ventralex Mesh with the effects described herein.”
The complaint further states that “Ventralex Mesh is cytotoxic, immunogenic, and not biocompatible, which causes or contributes to complications such as delayed wound healing, inflammation, foreign body response, rejection, excess adhesion formation, infection, and other complications.”
In addition, the complaint alleges that neither doctors nor the patient “were adequately warned or informed by defendants of the defective and dangerous nature of Ventralex Mesh.”
Attorneys for Campos also said that the defendants show “willful misconduct, malice, fraud, wantonness, oppression, or entire want of care which raises the presumption of conscious indifference to consequences, thereby justifying an award of punitive damages.”
A request was also made for compensatory damages to plaintiff for past, present, and future damages, including but not limited to, pain and suffering for severe and permanent personal injuries, permanent impairment, mental pain and suffering, loss of enjoyment of life, health and medical care costs, economic damages, together with interest and costs as provided by law.
Campos is represented by Krause & Kinsman, Kansas City, Missouri; William H. Barfield, Houston, Texas; and Saima Khan, Houston, Texas.