Failure-To-Warn, Negligence Claims Permitted to Proceed in Davol Hernia Mesh Patch Action

CHICAGO — An Illinois federal judge has allowed claims of failure to warn and negligence to proceed against Davol Inc. in connection with its Ventrio Mesh hernia patch, ruling that they are adequately pled.

In a March 23 order, Judge Jorge L. Alonso of the U.S. District Court for the Northern District of Illinois ruled that the plaintiffs have sufficiently alleged that Davol failed to adequately warn that the patch could penetrate internal body tissues and was negligently designed.

Michelle Jones underwent hernia surgery on Dec. 30, 2009, during which a Davol Ventrio Mesh hernia patch was implanted.

Jones …