Clarksburg woman sues C.R. Bard, others for defective medical device

By Kyla Asbury | Jun 9, 2010

CHARLESTON -- A Clarksburg woman is suing Davol, C.R. Bard and Bard Devices after she claims she was implanted with a defective medical device.

On Oct. 5, 2004, Janet S. Sayers underwent a ventral incisional hernia repair procedure at United Hospital Center in Harrison County, during which a Bard Composix Kugel Mesh Hernia Patch was implanted into her abdomen, according to a complaint filed May 12 in Kanawha Circuit Court.

On Jan. 30, 2007, Sayers was admitted to United Hospital Center for diffuse abdominal pain, nausea and progressive weakness and was diagnosed with gastroenteritis, abdominal pain, hypokalemia, anemia, iron deficiency, hypertension and hypothyroidism, according to the suit.

The Kugel Mesh Patch was recalled due to its undisclosed defects in June 2007, according to the suit, by Sayers was not made aware of this.

On June 21, 2008, Sayers claims she was admitted to United Hospital Center with abdominal pain, distension, nausea and vomiting and underwent additional surgery. She claims a CAT scan showed that the Kugel Mesh Patch had attached itself to her bowel, intestinal and other linings and tissues, causing her to experience great pain, swelling, suffering, personal injury and permanent disfigurement.

Sayers claims the patch was then completely removed from her abdomen. She claims she was unaware that the patch was defective and unreasonably unsafe and dangerous.

Sayers is seeking compensatory and punitive damages. She is being represented by Carl J. Roncaglione Jr.

The case has been assigned to Circuit Judge Tod J. Kaufman.

Kanawha Circuit Court case number: 10-C-865

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