Since the introduction of the Inferior Vena Cava (IVC) filter in 2005, the FDA has received roughly one thousand adverse reports involving these filters. Specifically, it was reported that the IVC filters fragment and embolize in the body. Fragmented filters sometimes migrate through the body and puncture the heart, lungs, or other organs. IVC filter complications are very serious and can be life-threatening.
Research of these devices and the reports made by physicians and consumers has caused the FDA to urge physicians who advise their patients to use an IVC filter to consider the risk and benefits for individual patients instead of simply choosing the IVC for all patients who are ineligible for anticoagulation therapy, and to remove the device once the symptoms have diminished. Unfortunately, the FDA’s recommendations came too late for many patients who had already sustained IVC filter-related injuries.
Medical device manufacturers have a responsibility to warn physicians and the public of any risks associated with their product. If the maker of an IVC filter has marketed and sold a defective product, the company can be held financially responsible for its negligence
Types of IVC FILTERS
Bard IVC Filter
There are currently several Bard IVC filter class action lawsuits pending against C.R. Bard, the manufacturer of the Bard Recovery, G2, and G2 Express IVC filters. If you were injured by these devices, you may still have time to join the class action or file an individual personal injury lawsuit.
The Bard IVC filter is a medical device that is implanted in the inferior vena cava, which is a blood vessel between the heart and lungs. The wire filter is designed to catch blood clots before they are pumped into the lungs and cause a pulmonary embolism. Unfortunately, the IVC filter rarely reduces mortality for pulmonary embolism patients, and it is associated with numerous life-threatening side effects — including perforation of the heart or lungs, filter fracture, and more.
Cook IVC Filter
There are currently several Cook IVC filter class action lawsuits pending against Cook Medical, the manufacturer of the Cook Günther Tulip and Celect IVC filters. If you were injured by these devices, you may still have time to join the class action or file an individual personal injury lawsuit.
The Cook IVC filter is a medical device that is implanted in the inferior vena cava, which is a blood vessel between the heart and lungs. The wire filter is designed to catch blood clots before they are pumped into the lungs and cause a pulmonary embolism. Unfortunately, the IVC filter rarely reduces mortality for pulmonary embolism patients, and it is associated with numerous life-threatening side effects — including perforation of the heart or lungs, filter fracture, and more.
Filing an IVC Filter Lawsuit
If you feel you deserve compensation for injury caused by your IVC filter, you should seek the help of a qualified IVC attorney. Thousands of people have already filed lawsuits against IVC manufacturers. Most of these cases have been pursued through class action or MDL (multidistrict litigation).
In a class action lawsuit, you will join a class of victims whose cases are very similar to yours. This way, you are part of a larger group instead of having to pursue an individual settlement. If the lawsuit is successful, compensation will be earned from the defending company for all members of the class. There are several class action lawsuits pending against both C.R. Bard and Cook Medical that you may be able to join.
In an MDL, many victims who are pursuing compensation from the same company are consolidated into a single court. This allows the court to become familiar with the context of the cases and streamlines the hearing process for each victim. For instance, many past cases against C.R. Bard were consolidated to an MDL in Arizona.
Depending on your particular case, it may also make sense to file a personal injury claim for damage caused by your IVC filter. An experienced IVC filter injury lawyer will know the best legal route to maximize your chances of recovering compensation.
For a free legal consultation, call (205) 326-3336
Recent Resolutions of IVC Filter Lawsuits
Many people have received compensation for the harm caused by their IVC filters. Below are the noteworthy results of one recent case made against C.R. Bard and one made against Cook Medical.
March 2018: In a bellwether case considered to predict outcomes for similar lawsuits, Sherri Booker wins $3.6 million from C.R. Bard. In 2009, Booker had required open-heart surgery to remove fragments of a broken Bard G2 filter that had punctured her heart. The jury in the 2018 case found that Bard had acted negligently and owed Booker $3.6 million in total, including $2 million in punitive damages.
May 2018: A Houston jury awards Jeff Pavlock $1.2 million in compensation from Cook Medical. Pavlock, a local firefighter, had had a Cook Celect filter implanted in 2015. The device subsequently punctured Pavlock’s aorta and renal artery, and took three major surgeries to remove. Cook was held responsible for Pavlock’s ongoing complications related to the defective product.
Frequently Asked Questions
We understand that you may have many questions about your situation and whether or how you can build a case for yourself. Here are the answers to some of our most frequently asked questions. For more information about these or other topics, schedule a free case evaluation with our IVC attorneys.
Q: What have IVC manufacturers been accused of in court?
A: C.R. Bard, Cook Medical, and other manufacturers have been accused of defective product design and failure to warn potential users of their products’ risks. Past lawsuits have argued that these IVC filters carry an unreasonable risk of fracturing and puncturing organs, and that physicians and patients had a right to be informed of these risks.
Q: Is a class action lawsuit, MDL, or personal injury lawsuit best for my case?
A: The best course depends on the specifics of your case. To qualify to join a class action, the details of your case have to be very similar to others in the class. Otherwise, you may be more likely to receive compensation through a personal injury lawsuit. An experienced lawyer will be able to analyze your case and find the smartest path for you to take.
Q: How will I know if I have a case to make about my IVC filter?
A: If you have experienced any medical complications due to your IVC filter, you may have a case to make against the device’s manufacturer. Even if you haven’t yet suffered any injuries caused by the filter, it is possible that you are entitled to compensation. Your IVC filter was marketed to improve your health, and you deserved to be warned of any risks that came with it.
Even if you feel you are not ready to file a suit, consult one of our qualified lawyers as soon as possible so that you will know your options. We do not charge any fees upfront. In fact, we will only charge attorney’s fees if we obtain a financial settlement for you. If you don’t win, we won’t get paid a legal fee.