R.I. Judge Refuses to Dismiss Davol Hernia Patch Action, Says Plaintiffs Adequately Pled Causation

PROVIDENCE, R.I. — A Rhode Island judge has allowed a hernia mesh patch action to proceed against Davol Inc. and its parent company in its entirety, ruling that the plaintiffs sufficiently alleged that the defective nature of the patch, which has since been recalled, caused their injuries.

On Nov. 28, Justice Alice Gibney of the Providence Superior Court further held that the plaintiffs adequately alleged that the defendant manufacturers breached their duty to manufacture and distribute safe patches to consumers, and that they breached that duty, which caused plaintiff’s pain and injuries.

On Feb. 7, 2005, Wayne Smith underwent …