Rhode Island Judge Rules Bard Hernia Patch Lawsuit Timely

Rhode Island Judge Rules Bard Hernia Patch Lawsuit Timely

Introduction

According to an order issued on January 7, 2019, Judge Alice Gibney of the Rhode Island Superior Court found that the claims filed by a plaintiff in a hernia repair patch case were timely as the device manufacturers fraudulently promoted the Ventralex hernia patch as safe to use.

The plaintiff was implanted with C.R. Bard's Ventralex hernia patch during a ventral hernia repair on May 12, 2008. She underwent a second surgery on October 4, 2011, to remove a portion of the patch, and in 2015 she learned a third surgery was required to remove another portion of the Ventralex patch. She filed a suit against Davol Inc. and C.R. Bard Inc. in July 2017, alleging that she was severely injured due to the defective nature of the patch. Defendants argued that the claims were time-barred and must be dismissed. In an amended complaint, the plaintiff stated that prior to the end of 2016, she was unaware of Bard and Davol's wrongful conduct linked to the design flaws in the mesh. The complaint stated that the claims were sufficient under Rhode Island's discovery rule as well as the time of accrual for the concealed cause of action. The Rhode Island Superior Court found the claims asserted in the lawsuit were sufficient to toll the limitations period.

Bard and Davol control more than 70% of the mesh implant market in the United States. Judge Edmund A. Sargus overlooks the multidistrict litigation (MDL No. 2846; In Re:  Davol, Inc./C.R. Bard, Inc., Polypropylene Hernia Mesh Products Liability Litigation) in the Southern District of Ohio.