Davol issued three separate hernia patch recalls between December 2005 and January 2007. The Kugel mesh recall notices were issued because of problems with the memory recoil ring that keeps the patch in place. Some patients experienced bowel obstruction, bowel perforation, chronic enteric fistulas or other symptoms when the memory recoil ring surrounding the patch broke.

In her ruling, Judge Lisi said that although Davol did not specifically issue a Kugel mesh recall for certain patches, these devices contain the same components as those which were pulled off the market. Because of this, the judge ruled, patients who were injured after using these products should be allowed to file a hernia patch lawsuit.