IVC Filter Lawsuit

Every year, millions of American lives are saved by medical instruments, machines and devices that diagnose, mitigate or cure disease and health conditions. Unfortunately for many patients, some medical devices cause more harm than good due to design flaws or manufacturing defects.

Complications and injuries caused by Inferior Vena Cava (IVC) filters have triggered product liability litigation throughout the country. These tiny, cone-shaped devices are designed to trap dangerous blood clots before they enter the lungs. In theory, IVC filters are life-saving devices that prevent pulmonary embolism in people who cannot tolerate anticoagulant therapy. In reality, federal regulators have received hundreds of adverse reports detailing grave injuries and fatalities caused by device fracture, migration and IVC filter failure.

Patients who were implanted with certain brands of IVC filters claim that the devices shattered inside their bodies, causing hemorrhaging and irreversible damage to the heart and other organs. In dire situations like these, filing an IVC filter lawsuit is often the most effective means to holding manufacturers accountable for putting defective devices on the market.

If you or someone you love suffered IVC filter complications or injury in Louisiana, do not delay in seeking legal counsel. Residents have just one year from the discovery of injury to file a claim for compensation. Bart Bernard offers aggressive representation as an experienced IVC filter lawyer, and is currently reviewing claims involving the following devices:

• R. Bard Meridian
• R. Bard Recovery
• R. Bard G2 and G2X
• R. Bard Eclipse
• Cook Celect
• Cook Gunther Tulip
• Cordis IVC Filter
• Argon Medical Option Elite filter
• Braun VenaTech LP IVC filter and Tempofilter IVC filter

Plaintiffs in IVC filter lawsuits argue that manufacturers designed, produced, promoted and marketed “unreasonably dangerous devices” to the public and the medical community and failed to warn about known risks.

In 2010, the FDA issued a safety communication about the uptick in adverse event reports involving IVC filters. Some of the most commonly cited complications include:

• IVC filter fracture
• Device migration
• Perforation of the vena cava and/ or aorta
• Cardiac tamponade
• Breakage of filter components (embolization)

Since the first IVC lawsuit was brought in 2010, litigation has escalated steadily, as more reports of severe and life-threatening side effects poured in. IVC filters have also been tied to pulmonary embolism, lung and heart damage, deep vein thrombosis (DVT), excruciating pain, infection, respiratory compromise and tissue perforation.

Attorney Bart Bernard has the resources and knowledge to maximize the value of an IVC filter claim, taking into account all past and future medical expenses, lost income, diminished earning capacity, emotional distress, and loss of consortium. Feel free to contact our Lafayette or Baton Rouge law offices to schedule a confidential consultation without cost or obligation to learn more about your rights to compensation.

By 2014, the U.S. Judicial Panel on Multidistrict Litigation centralized the growing number of ICV filter cases into multidistrict litigation to streamline pretrial proceedings and expedite resolution. Complaints against Cook were consolidated in the Southern District of Indiana, while Bard IVC filter litigation was transferred to MDL #2641 in Arizona federal court.

Unlike an IVC filter class action lawsuit in which the entire “class” of plaintiffs shares equally in a single verdict, multidistrict litigation allows each plaintiff to be tried on the unique merits of their own case. Some factors that will affect ICV filter lawsuit awards and settlements include:

• The type and severity of injuries sustained after IVC filter implantation
• Whether the injuries resulted in permanent disability or require long-term medical care
• The amount of projected rehabilitation costs including in-home nursing care, future surgeries and other medical treatments
• The amount of economic damages incurred for hospitalization, diagnosis, treatment, as well as lost income
• Availability of punitive damages that are intended to punish manufacturers for wanton or reckless behavior

While bellwether trials are planned for the consolidated litigations, a financial statement filed with the Securities and Exchange Commission in 2016 indicates that Bard has been quietly settling a handful of IVC filter claims for confidential sums. According to mass tort experts, an IVC filter lawsuit entailing a wrongful death could easily settle for $500,000, but these payouts would depend largely on the specific circumstances of each case.

Lawsuits involving defective medical devices requires aggressive representation of the highest caliber. Bart Bernard has a proven track record of successful case results, procuring significant verdicts for clients throughout southern Louisiana. Because we operate on a contingent-fee system, you can afford to have an exceptionally talented and driven lawyer on your side. There are absolutely no legal fees unless a recovery is procured on your behalf.

Find out if you are eligible to file an IVC filter lawsuit. For a free evaluation of your claim, contact Bart Bernard Personal Injury Lawyers today.

1. S. Judicial Panel on Multidistrict Litigation, IN RE: BARD IVC FILTERS PRODUCTS LIABILITY LITIGATION http://www.jpml.uscourts.gov/sites/jpml/files/MDL-2641-Initial_Transfer-07-15.pdf
2. S. Judicial Panel on Multidistrict Litigation, IN RE: COOK MEDICAL, INC., IVC FILTERS MARKETING, SALES PRACTICES AND PRODUCTS LIABILITY LITIGATION http://www.insd.uscourts.gov/sites/insd/files/MDL%202570%20Transfer%20Order.pdf
3. Michigan Medicine, Inferior Vena Cava (IVC) Filters http://surgery.med.umich.edu/vascular/patient/treatments/ivc_filters.shtml
4. NBC News, Did Blood-Clot Filter Used on Thousands of Americans Have Fatal Flaw? http://www.nbcnews.com/health/health-news/did-blood-clot-filter-used-thousands-americans-have-fatal-flaw-n384536
5. Mass Tort Nexus, IVC Filter Cases Settling Quietly as Litigation Grows https://www.masstortnexus.com/mass-torts-news/ivc-filter-cases-settling-quietly-as-litigation-grows/

Last modified: June 07, 2019