STORY FROM: Drugs & Medical Devices

R.I. Judge Refuses to Dismiss Davol Hernia Repair Patch Case

PROVIDENCE, R.I. — A Rhode Island judge has refused to dismiss a mesh hernia repair patch case, ruling that although the patch did not malfunction while implanted, the plaintiff’s claims for injuries allegedly caused by removal of the device after it was recalled are actionable.

In a Nov. 28 order, Judge Alice Gibney of the Rhode Island Superior Court concluded that the plaintiff has alleged that Davol Inc. and C.R. Bard Inc. produced a defective product that caused his injuries and alleged proximate cause in his negligence and strict product liability claims.

On February 7, 2005, Wayne Smith underwent ...

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