C.R. Bard Extends Settlement in Kugel Mesh Litigation

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Jul 06, 2011, 01:05 ET

$184 million negotiated for approximately 2,600 cases

PROVIDENCE, R.I., July 6, 2011 /PRNewswire-USNewswire/ -- Motley Rice LLC announces today that C.R. Bard, Inc., parent company to Davol Inc., has negotiated with more than 100 law firms from across the nation and extended settlement offers totaling approximately $184 million in some 2,600 lawsuits filed due to serious medical complications including bowel perforation, sepsis, intestinal fistulas and abdominal abscess formation allegedly caused by the company's Composix® Kugel® Mesh hernia patch.

Over the past two years, the parties have reached a general understanding as to the value to these cases. Several ring break and ring buckle cases were scheduled for trial at the time of this resolution, eight of which Motley Rice was litigating in state and federal courts.

"The resolution of these cases occurred at an important time in this lengthy litigation," stated Motley Rice lawyer Donald Migliori, who serves as both co-lead counsel and liaison counsel in the Composix Kugel Mesh MDL and as liaison counsel for the lawsuits consolidated in Rhode Island state court. "The resolution comes on the eve of multiple trials set for the summer and fall in both state and federal courts," he added.

In 2010, John Whitfield v. Davol, Inc., et al. and Christopher Thorpe and Laure Thorpe v. Davol, Inc. and C.R. Bard, Inc. were tried to verdict in Rhode Island federal court. Migliori served as lead trial counsel in both cases. The Thorpe case resulted in a $1.5 million verdict for the plaintiffs. Ernie Cory of Cory, Watson, Crowder & DeGaris, P.C., also represented the Thorpe family at trial.

The settlement process will take several months to finalize; however, numerous parties involved feel confident that the resolution of these cases is fair and reasonable. Bard announced the settlement to its shareholders last week at the end of the second quarter.

About Motley Rice LLC

Motley Rice is one of the nation's largest plaintiffs' litigation firms. Motley Rice attorneys have experience taking on complex civil cases against large corporate wrongdoers, including pioneering asbestos lawsuits, tobacco litigation and their lawsuit against terrorist financiers on behalf of 9/11 families. With more than 65 attorneys and hundreds of staff, the firm handles cases in the areas of defective products such as Napa FireLites gel fuel; environmental contamination; aviation disasters; securities and consumer fraud; mesothelioma and other occupational diseases; prescription drugs such as Topamax®; and other medical device defects such as Depuy hip replacements. Motley Rice LLC is headquartered in the Charleston, S.C., area and has additional offices in California; Connecticut; New York; Rhode Island; Washington, D.C.; and West Virginia. For more information about Motley Rice or the Composix Kugel Mesh settlement, contact attorney Donald Migliori (MA, MN, NY, RI) at 1.401.457.7709.