Davol and CR Bard sued in St. Clair County over hernia patches
10/4/2011 2:31 PM By Kelly Holleran
Twenty-six people across the nation have filed suit against the manufacturers of a hernia repair patch, saying they were harmed after doctors implanted the patch in them.
Lead plaintiff Sherrina Harris and 25 others from Michigan, California, Texas, Nevada, Illinois, West Virginia, Nebraska, Washington, Missouri, New Jersey, South Carolina, Arizona, Colorado, Arkansas, Florida and New Mexico say they underwent surgeries to repair their hernias. However, the repair products used were defectively designed and harmed them, according to the complaint filed Sept. 28 in St. Clair County Circuit Court.
Although the plaintiffs do not specify how the products harmed them, they do say the hernia repair patches "were inadequate or insufficient to maintain their integrity during normal use after implantation in the consumer/patient," the suit states.
Defendants Davol and C.R. Bard knew that the products were negligently designed and were defective because they possess an unreasonable chance of breaking, the complaint says. Despite their knowledge, the defendants failed to timely notify the public of the danger, the plaintiffs allege.
In their seven-count complaint, the plaintiffs allege the defendants violated the Illinois Consumer Fraud Act and were guilty of negligence, strict liability, intentional infliction of emotional distress, breach of implied warranty, failure to warn and fraud.
They seek a judgment of more than $300,000, plus statutory, punitive and exemplary damages, costs, attorney's fees and other relief the court deems just. They also want the court to order the defendants to pay their past and future medical bills and their past and future lost wages.
The plaintiffs will be represented by Troy E. Walton of Schoen, Walton, Telken and Foster in East St. Louis.
St. Clair County Circuit Court case number: 11-L-548.