The judge hearing the cases in the Kugel Mesh Patch Litigation MDL has recently expanded the scope of the MDL to include more hernia mesh patches than what had been recalled. The judge opened up the MDL to include additional Davol and Bard mesh patches, including some that did not contain an internal ring, but were made of a special bi-layered material similar to the Kugel Mesh patches.
What does this mean for you? If you suffered from abdominal pain, bowel adhesions, bowel obstructions or bowel perforations after hernia surgery using a mesh patch for the repair, you may indeed have a legal claim even if you were previously told that you did not.
Even though some folks suffered the same problems – abdominal pain, constipation, bowel obstructions and bowel adhesions – many lawyers would not take their claim because the patch used had not been recalled. In contrast, Shipman & Wright, LLP filed the claims on the basis that the problems extended beyond that stated in the recall notice. We are happy that a judge has agreed to consider the issue and stand poised to file other cases on behalf of clients who were turned away by other attorneys.