Design Defect, Failure-To-Warn Claims to Proceed in N.M. Hernia Repair Patch Action

ALBUQUERQUE, N.M. — Design defect and failure-to-warn claims will proceed in New Mexico federal court in an action in which a woman says she sustained severe and life-threatening complications from an allegedly defective hernia repair patch.

On March 22, Chief Magistrate Judge M. Christina Armijo of the U.S. District Court for the District of New Mexico found the plaintiff sufficiently alleged that Davol Inc. and C.R. Bard Inc. knew the patch was defectively designed, yet promoted the product as safe and effective.

On Jan. 25, 2005, Rosemarie Mims underwent surgery for an abdominal hernia in Colorado, during which the Bard …