If you’ve had a hernia operation between 1999 and 2007, you may have the right to collect damages from the makers of the recalled Kugel hernia patch with the defective memory recoil ring. Do you belong to any of the following groups?
- Injured by broken memory recoil ring
- Other complications related to a Kugel patch
- Implanted with a recalled Kugel patch but not yet injured
- Implanted with a Kugel patch not on the recall list
Injured by Broken Memory Recoil Ring
Regardless of whether your Kugel patch implant is on the recall list or not, if you have suffered injury from a Kugel patch’s plastic ring breaking, you should contact a qualified attorney. The ring breaking is a product defect for which you have the right to receive compensation for any resulting injury.
Other Complications Related to a Kugel Patch
Some patients who have experienced complications related to their Kugel patch have filed lawsuits for alleged defects other than broken memory recoil rings. That many of these lawsuits have survived pre-trial pleadings and appear headed for trial suggests there may be merit to these claims. An experienced attorney can review your case to see if you may be among the victims of less-publicized Kugel patch defects.
Implanted with a Recalled Kugel Patch but not yet Injured
Patients who have not yet been injured but still have a recalled Kugel patch implanted in them are entitled to compensation for the medical monitoring they now require. Several pending cases are also seeking class action status and financial damages for everyone in this situation.
You can determine if you have a recalled Kugel patch implanted by reviewing your medical records. Your surgical report should contain all the identifying information for your implant. You can compare the product number and lot number with those listed in the 2005, 2006, and 2007 recall notices.
Alternately, you can discuss your case with an attorney who can obtain and review your records for you.
Implanted with a Kugel Patch not on the Recall List
The reality is that among the more than 100,000 patients who have received a Kugel patch since it was invented, the vast majority have had no adverse experience. By and large, their successful hernia repairs have allowed them to quickly resume their normal activities with few limitations. We sincerely hope you are among this group.
Even so, if you have anything implanted with a Kugel brand, it costs nothing to discuss your situation with an attorney experienced in Kugel patch issues. Circumstances may have changed since this article was written, or there may be subtle issues the attorney is aware of that may apply to your case.
What You Should Do
If you’ve had complications from a hernia surgery and your doctor is unable to assure you they are completely unrelated to a Kugel patch, you should discuss your case with an attorney specializing in personal injury law - preferably one who is already handling other Kugel patch cases. He or she will assist you in obtaining and examining your medical records to determine your circumstances and your legal options.
NOTICE: The information herein is not intended to substitute for competent medical or legal advice. If you are experiencing symptoms you think may be related to a Kugel hernia patch or a past hernia surgery, see a doctor right away. If you need assistance finding an attorney, please contact us using the form at the right.
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