West Virginia Record

Friday, December 13, 2019

C.R. Bard sued over hernia repair products

By Kyla Asbury | Sep 17, 2013


CHARLESTON - A woman is suing C.R. Bard Inc. for alleged negligence in designing the products implanted in her for hernia repair.

On June 11, 2004, Rosemary S. Roberts was implanted with Bard Composix Mesh and Bard Ventralex Hernia Patch during surgery to repair a ventral hernia, performed by Dr. Roland E. Hamrick Jr. at Charleston Area Medical Center in Charleston, according to a complaint filed Aug. 22 in Kanawha Circuit Court.

Roberts claims on July 11, 2011, she was implanted with a Bard Ventrio Hernia Patch during surgery to repair a spigelian hernia, performed by Hamrick at CAMC in Charleston.

As a result of having the products implanted in her, she has experienced significant physical pain and suffering; has sustained permanent injury and permanent and substantial physical deformity; has undergone multiple corrective surgeries; and is expected to undergo additional corrective surgeries; has incurred significant medical expenses; has experienced lost income; and has suffered a significant loss of enjoyment of life, according to the suit.

Roberts claims the defendant designed, manufactured, marketed, packaged, labeled and sold the products that were implanted in her.

As a direct and proximate result of the defendant's negligence, Roberts was caused and/or in the future will be caused to suffer severe personal injuries; pain and suffering; severe loss of enjoyment of life; financial or economic loss; and other damages, according to the suit.

Roberts is seeking compensatory and punitive damages. She is being represented by Thomas F. Basile of the Law Office of Thomas F. Basile.

The case has been assigned to Circuit Judge James C. Stucky.

Kanawha Circuit Court case number: 13-C-1609

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