Davol issued three separate hernia patch recalls between December 2005 and January 2007 after a number of patients experienced problems with the Kugel patch that could lead to serious and potentially life-threatening injuries. The “memory recoil ring” that surrounds the Kugel mesh patch and holds it in place could fracture, leading to bowel obstruction, bowel perforation or chronic enteric fistulas. Many Kugel patients have been forced to undergo additional surgeries due to problems with the Kugel patch.

Some of the at least 1,038 Kugel lawsuits that were transferred to the Rhode Island court involved hernia patches that were not recalled, but use a similar mesh design to those that were pulled from the market. Several Kugel patch lawsuits have also been filed in state courts.

Judge Lisi has instructed the lawyers representing Kugel patch users and attorneys for C.R. Bard Inc., the parent company of Davol, to try to reach a settlement before the cases go to trial.