RI Lawyers Weekly reports that a U.S. District Court jury has awarded $1.5 million to a married couple for injuries they suffered as a result of a hernia repair patch.
Christopher and Laure Thorpe were awarded $1.3 million for personal injury damages and $200,000 for loss of consortium.
The case, Thorpe v. Davol, Inc. et al., was the second case to go to trial out of thousands of cases filed against Davol Inc., the manufacturer of the Composix Kugel Mesh hernia patch, and its parent company, C.R. Bard.
The verdict came after an earlier case in which the jury found the same defendants negligent in the design of the hernia patch.
The plaintiffs argued before Chief Judge Mary M. Lisi that Christopher Thorpe suffered severe internal injuries caused by a broken plastic ring on the hernia repair mesh. He required multiple surgeries as a result of his injuries.
The jury found that the defendants acted unreasonably in designing the patch and were negligent in failing to provide adequate warning or instruction for the product. The jury also found that the defendants’ negligence proximately caused Laure Thorpe’s physical and emotional suffering due to the loss of consortium of her husband.
The plaintiffs were represented in the case by lead counsel Donald A. Migliori of Motley Rice in Providence and co-counsel Ernie Cory of Birmingham, Ala.-based Cory, Watson, Crowder & DeGaris.