Davol, Inc. issued three hernia patch recalls between December 2005 and January 2007 after receiving numerous reports of problems with the Kugel patch. According to reports received by the Food and Drug Administration, the memory recoil ring that surrounds the Kugel hernia patch could break, putting patients at risk of serious and potentially deadly side effects, including bowel obstruction, bowel perforation or chronic enteric fistulas.

The lawsuit filed by Hernandez states that he underwent hernia repair surgery in August 2005, during which he received two hernia patches. Hernandez alleges that the Kugel patch later failed, causing him to suffer abdominal pain that later forced him to undergo additional hernia repair surgery.