11th Cir. Upholds Award of Summary Judgment to Davol, Bard in Hernia Mesh Action

ATLANTA - A federal appeals court has upheld an award of summary judgment to the makers of a hernia repair patch, ruling that the learned intermediary doctrine defeats the plaintiff's failure-to-warn claim because her implanting doctor had independent knowledge that the patch could lose fixation.

The 11th Circuit U.S. Court of Appeals further found plaintiffs failed to present evidence supporting their theory that the patch's memory recoil ring broke or buckled.

Norma Olmo was implanted with an extra-large Composix Kugel hernia repair patch on Aug. 4, 2005, which was designed by Davol Inc. and C.R. Bard Inc. Dr. Roberto Comperatore …