Post-Trial Victory for Kugel Plaintiff Test Case
Written By: Rheingold, Valet, Rheingold, Ruffo & Giuffra LLP
In February 2011, a federal judge overseeing multidistrict litigation against
Bard/Davol has flatly denied the medical equipment manufacturers'
request for a new new trial, ruling that a jury was reasonable in awarding
$1.5 million to a couple injured by allegedly
defective hernia patches. This is one of the initial test cases and will likely influence the success
of more than 1,000 cases which have been filed.
Judge Mary M. Lisi held in the U.S. District Court for the District of Rhode Island that the jury's verdict was a fair and justified based on the negligence of the Kugel patch manufacturers.
The plaintiffs, Christopher and Laure Thorpe, proved the hernia mesh patches were unreasonably designed and carried inadequate warning of risk. Safer alternatives were available.
More trials are set in both federal and state court this year.