February 25, 2007

Hernias and Headaches

I'm watching the Ohio State -- Wisconsin basketball game; and a television commercial comes on warning people about an abdominal hernia patch that was recalled and how those who have the patch need to call immediately because the patches could fail and cause perforation of the bowel and "EVEN DEATH." I'm a firm believer in lawyers championing the cause of those injured by defective products. I've represented clients who have been injured by defective products; so, I'm aware of the role that lawyers play in the consumer product regulatory scheme.

The company, Davol, Inc., that makes the patches, Large Composix Kugel Patches, voluntarily recalled the patches. The patches are generally "installed" laparoscopically while rolled up and then uncoiled in the abdomen once in position to cover the intended area. The plastic ring that helps the patch uncoil has broken in a few cases. In connection with the large patch, out of about 26,000 patches made, six failed. Nobody died. Two people had bowel perforations. One person had a perforation of the abdominal wall. One person had pain. Two of the coils failed during surgery, one before it was put into the patient and one during the procedure; so, there was no problem.

The company makes smaller patches, too, and recalled those, even though none had failed.

The television commercial is troubling. Did it misrepresent that there was a recall? No. Did it misrepresent that some people had been injured? No. Did it misrepresent that DEATH could result? No.

So, what's the problem?

Presumably, doctors have notified all their patients, according to protocol. Well, they have notified all their patients who have these particular recalled patches. They haven't notified the large number of patients with other types of patches that have repaired hernias, abdominal, inguinal, or otherwise, who will, after seeing the television commercial, be alarmed and who will call the attorneys. The ads are designed to generate fear and, then, contact with fearful consumers.

Do you think these attorneys are going to ask whether the potential clients have one of these patches and stop with a negative answer? Leeches stop sucking only when they are sated.

Posted by Bill at February 25, 2007 06:23 PM
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