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Jury awards Conover couple $1.5M

August 31, 2010

A jury awarded a Conover couple $1.5 million for personal injury from an allegedly faulty hernia repair patch.

Christopher Thorpe, 51, and his wife, Laure, successfully sued patch manufacturer Davol Inc. and its parent company C.R. Bard as a result of the companies’ negligent product design, which injured Thorpe after the product’s insertion.

A jury in the U.S. District Court for the District of Rhode Island awarded Thorpe $1.3 million Aug. 24 for personal injury damages, and they awarded his wife $200,000 for emotional suffering and the time she spent caring for her husband’s injuries.

The Thorpes, however, have yet to see money from the settlement, because Davol and C.R. Bard plan to appeal the decision.
“Nothing’s final yet,” Thorpe said.

According to a press release from Motley Rice LLC, the Thorpe’s litigation firm, Thorpe was injured from a faulty hernia repair patch he had implanted in November 2005 to repair an abdominal hernia.
“I had multiple problems,” Thorpe said, declining to comment further on the extent of his injuries from the device and when his problems started, due to pending litigation.

Motley Rice attorney Don Migliori, who represented the Thorpes, argued during the trial that Thorpe suffered severe internal injuries caused by a broken plastic ring on the hernia repair mesh.

“It’s unfortunate that these companies so repeatedly failed to accept responsibility for the damage caused by their product, and what we saw (the day of the verdict) was justice,” Migliori said. “The jury analyzed the objective facts to ultimately arrive at a just result, and we do commend its decision to hold both Davol and C.R. Bard accountable.”
 

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