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.

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