Manufacturing Defect Claim to Proceed in California Against Makers of Kugel Hernia Patch

LOS ANGELES — A manufacturing defect claim may proceed against the makers of the Kugel Hernia Patch, a California federal judge has ruled, finding the plaintiff has adequately alleged that the device’s memory coil ring differed from the manufacturers’ intended result and its breakage caused his injuries.

In a July 28 order, Judge Gonzalo P. Curiel of the U.S. District Court for the Southern District of California further held that the learned intermediary doctrine bars the plaintiff’s warning-based claims, but granted the plaintiff leave to amend these claims.

On Dec. 15, 2005, Jesus Tapia underwent a hernia repair procedure during …