Couple sues over surgical implant devices

By Kyla Asbury | Oct 15, 2009

HUNTINGTON -- A woman and her husband are suing two companies that manufactured medical devices she was implanted with during surgery.

Latha Bolen was implanted with products from C. R. Bard Inc. and Covidien Inc. to treat her pelvic organ prolapsed at St. Mary's Medical Center, according to a complaint filed in Cabell Circuit Court Sept. 30.

Bolen claims since the products were implanted, she has experienced significant mental and physical pain and suffering; permanent injury; permanent and substantial physical deformity; loss of a bodily organ system and impaired physical relations with her husband, Daniel Bolen.

Mrs. Bolen claims the companies had a duty to use reasonable care in designing, manufacturing, marketing, labeling, packaging and selling the products and were negligent in failing to do so.

The Bolens are suing for pain and suffering; personal injury; severe emotional distress; financial/economic loss including medical expenses, lost wages and punitive damages on counts of negligence, strict liability, breach of express warranty, breach of implied warranty and loss of consortium.

J. Robert Rogers and Paul T. Farrell Jr. of Greene, Ketchum, Bailey, Walker, Farrell & Tweel are representing the Bolens. The case has been assigned to Circuit Judge F. Jane Hustead.

Cabell Circuit court case number: 09-C-789

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