Legal Opinion

Blouin v. Surgical Sense

Superior Court of Rhode Island

Decided May 12, 2008No. C.A. No. PC 07-6855Published

1Opinion of the Court

DECISION

Davol Inc. and C.R. Bard Inc. ("Defendants") move to dismiss the complaint of William Blouin ("Mr. Blouin") and Donna Blouin (collectively "Plaintiffs") pursuant to R.I. Super. Civ. P. 12(b)(6). Plaintiffs object to the motion.

I

Facts and Travel

On December 19, 2007, Plaintiffs filed a complaint in this Court, alleging that Mr. Blouin had been severely injured by the defective and dangerous condition of a Kugel Mesh Patch ("Kugel Patch") designed, manufactured, and distributed by Defendants. Mr. Blouin had a hernia repair on November 18, 1999. A Kugel Patch, then a product of Surgical…

2Cases cited29 opinions

  1. Charles M. Thibeault v. Square D CompanyCourt of Appeals for the First Circuit · 1992
  2. Wilkinson v. HarringtonSupreme Court of Rhode Island · 1968
  3. David Dayton v. Peck, Stow and Wilcox Co. (Pexto)Court of Appeals for the First Circuit · 1984
  4. Ed Peters Jewelry Co. v. C & J Jewelry Co.Court of Appeals for the First Circuit · 1997
  5. Bragg v. Warwick Shoppers World, Inc.Supreme Court of Rhode Island · 1967

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