Kugel Mesh Attorneys

What Davol, Inc. May Have Known and When

As news of the potential serious defect in the Kugel Mesh hernia patch came about, many people began to ask several questions. These questions centered on the types of injuries the product was causing, how to tell if such an injury had happened, what to do if one had been injured and what was being done about it.

However, one question that didn't seem to appear until later in the process could be the one that is most important of all: when did Davol, Inc., which is now owned by Johnson & Johnson, realize that there was a problem with this product, and when did the company decide to handle it properly so that no one else would be unknowingly taking a risk?

The date where this analysis should start is in the summer of 2005. At this point, Davol, Inc. had already received no fewer than 10 incident reports of injuries in patients who had used the Kugel Mesh hernia patch, and these injuries included bowel perforations and other assorted injuries. In fact, one person had been reported as having died as a result of this product at this time.

During the subsequent months, the FDA began to issue warnings, letters and other statements regarding the potential problems with this product, but to no avail, as the Kugel Mesh hernia patch remained on the market unfettered during this time. These months also brought reports of additional injuries, but again, nothing was done to remove the danger from the market.

Finally, in December of 2005, the FDA issued a Class I recall, which is the most serious type of recall that can be initiated. A Class I recall means that the product in question poses a serious threat for serious injuries and even death, and is to be followed and adhered to immediately when it's issued.

Overall, there is much we still don't know about what Davol, Inc. knew and when, but when looking at the facts, it's impossible to say that they were completely in the dark with regards to this issue. If you have been injured as a result of using this product, contact the hernia patch lawyers at Williams Kherkher today to schedule a free initial consultation.