PANAMA CITY – A Jackson County couple alleges that the wife was injured by a defective medical device.
Lora and Frank Holsenbeck filed a complaint on June 28 in the U.S. District Court for the Northern District of Florida Panama City Division against Davol Inc. and C.R. Bard Inc.
alleging negligence and other counts.
According to the complaint, the plaintiffs allege that on Dec. 9, 2005, plaintiff Lora Holsenbeck had the defendants' Composix Kugel Patch, or a hernia mesh patch, implanted in her body during a
ventral hernia repair procedure. After the procedure, she alleges she experienced complications from the purportedly defective implanted patch, which required surgical removal. She alleges she suffered from physical pain, was seriously and permanently injured, has incurred substantial medical bills and suffered from severe emotional distress.
Frank Holsenbeck claims he was caused to lose the consortium and society of his wife.
The plaintiffs hold Davol Inc. and C.R. Bard Inc. responsible because the defendants allegedly failed to warn the end user about the dangers and risks of the product, failed to properly follow the procedures for conducting design validation review, failed to identify all the actions necessary to correct and prevent the recurrence of complications on implanted patients and failed to comply with the Food and Drug Administration application and reporting requirements.
The plaintiffs request a trial by jury and seek judgment in their favor against defendants for damages in a sum bestowed by the court together with interest, legal fees from the date of judgment until paid, for punitive damages related to defendants' conduct and for such other relief as may be fair and reasonable under the circumstances and for their costs. They are represented by Jon C. Conlin and Ernest Cory of Cory Watson Attorneys in Birmingham, Alabama.
U.S. District Court for the Middle District of Florida, Panama City Division Case number 5:16-cv-00186