Woman sues two medical companies for negligence

By Kyla Asbury | Jan 4, 2010

HUNTINGTON -- A woman is suing two companies who made devices that were implanted into her for negligence and breach of warranty, among other things.

Mary Watson was implanted with products made by C.R. Bard Inc. and Cividien Inc. during surgery performed at St. Mary's Medical Center by Dr. Mitchell E. Nutt, a gynecologist, according to a complaint filed Dec. 4 in Cabell Circuit Court.

The devices were used to treat Watson for pelvic organ prolapsed.

Watson claims as a result of having the products implanted in her, she has experienced significant mental and physical pain and suffering; sustained permanent injury; permanent and substantial physical deformity; loss of a bodily organ system; and has undergone/will undergo corrective surgery.

According to the suit, the devices implanted into Watson were not reasonably safe for their intended use and were defective as a matter of law with respect to their design.

Watson is seeking compensatory and punitive damages for negligence, design defects, manufacturing defects, failure to warn, breach of express warranty and breach of implied warranty. Derek W. Marsteller is representing her.

The case has been assigned to Circuit Judge David M. Pancake.

Cabell Circuit Court case number: 09-C-956

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