Kinney`s estate sues personal injury and tort for hernia operation death
Released on = May 23, 2007, 10:00 am
Press Release Author = Lala C. Ballatan
Industry = Law
Press Release Summary = Richard Kinney, known as the Canal Fulton man, went into a hernia repair surgery last October, 2003. About four months after the operation, March 9, 2004, Kinney died at 68 years old.
Press Release Body = Richard Kinney, known as the Canal Fulton man, went into a hernia repair surgery last October, 2003. About four months after the operation, March 9, 2004, Kinney died at 68 years old. Kinney's estate filed a lawsuit on Tuesday, May 8, 2007, asserting that the patch used in Kinney's surgery was defective, thereby causing the death.
Los Angeles, California, May 22, 2007 - Kinney's estate filed a lawsuit against Davol Inc., Rhode Island at the US District Court in Akron. Davol Inc. is the manufacturer of the allegedly defective patch used during the Kinney's operation believed to be the cause of his death.
The controversial patch is known as "Composix Kugel Mesh Patch." Aside from Davol, lawsuits also include in the case, Davol's parent company, CR Bard, Inc. based in New Jersey.
According to the lawsuit backgrounder, Kinney had his surgery for hernia repair on October 27, 2003. By Jan.31 when he and his wife were in Arkansas, Kinney had severe symptoms of obstruction in the bowel system. He was then, admitted to a hospital and a series of tests were conducted on him.
CT scans turned up with results confirming the occurrence of bowel obstruction located in the place where the hernia operation was conducted.
Over the next six days, three surgeries were simultaneously conducted. Kinney's small bowel and spleen were removed through these surgeries. However, Kinney\'s condition deteriorated.
In March 5, 2004, the Arkansas doctors monitoring Kinney's condition gave the verdict - Kinney\'s condition cannot be alleviated and is fatal. He was transferred via airlift to Aultman Hospital so that he can be closer to his family. On March 9, he died.
Kinney was a U.S. Navy veteran. He also served as a firefighter for Goodyear Tire & Rubber. He volunteered for 38 years as firefighter with the Springfield Township Fire Department.
In the obituary, it was stipulated that Kinney continued active even during after retirement. He spent most of his time with his family.
Later on, in 2006, Davol was urged by the U.S. Food and Drug Administration (FDA) to conduct a recall of several selected lots and sizes of its Kugel patches. This is because of, reports indicating that a faulty patches' component may break under pressure. This could result to fatal bowel perforation.
In the recalls, none included the particular Kugel patch utilized in Kinney's operation Nevertheless, the lawsuit asserts that there was awareness on the part of Davol and Bard, that their product has defects in both the design and manufacture. This include even those not recalled despite having ``high degree of complications and failure rates.\'\'
Following the personal injury law, the lawsuit alleges the product liability and negligence resulting to wrongful death, violation of state law in deceptive trade practices, both negligent and intentional infliction of emotional distress and fraud.
Kinney\'s attorney is C. Richard Eshelman and Davol\'s attorney is Brian Leddin.
Expert Los Angeles Attorney and Law Firm - We are very much engaged in handling Personal Injury Cases, Employer-Employee Disputes and Social Security Claims of our clients. Over the years, our law firm has specialized in advocating consumer rights against large insurance companies and defense firms. We have been very successful in reaching very high settlements and verdicts. Visit our website at www.expertlosangelesattorney.com
Web Site = http://www.expertlosangelesattorney.com
Contact Details = contactus@expertlosangelesattorney.com
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