Injury Lawyer Blog
Thousands of individuals have brought, and continue to bring, lawsuits against the manufacturers of defective IVC filters. On March 14th, the first bellwether trial against the manufacturer of defective IVC filters will take place. The results of this bellwether trial will be used by the parties to further gauge how future litigation may fare.
The March bellwether trial is set to be heard in the District of Arizona by U.S. District Judge David Campbell. The plaintiff selected for the first bellwether case is Sherr-Una Booker.
In 2007, Booker underwent a procedure in which a C.R. Bard G2 IVC filter was implanted. As a result of that procedure, she suffered from various health issues when her device migrated and fractured. After enduring multiple intense corrective procedures, it was concluded that one of the struts from her device would not be able to be removed and will remain in Booker’s inferior vena cava.
Many are arguing that Bard failed to warn patients, as well as their doctors the potential dangerous risks linked to their IVC devices. The claims include that the manufacturer concealed the risk of negative side effects, including migration of the filter, filters breaking apart, punctures of the inferior vena cava and organ perforation.
Judge Campbell has made it clear that this litigation will be split into two segments. The first will make a determination of liability and compensatory damages as well as if the plaintiff is entitled to punitive damages. The second phase will determine the amount, if any, of the punitive damages that are to be awarded. In the first week of March, Judge Campbell also ruled that evidence of the issues surrounding Recovery IVC may be introduced during this trial.
C.R. Bard is not the only manufacturer under the spotlight for their IVC devices. Cook Medical and Cordis are also leading IVC manufacturers that have had thousands of lawsuits brought against them due to patient’s negative health complications after be implanted with an IVC filter manufactured by their companies. Cook is scheduled to undergo a separate multidistrict litigation in Indiana due to the over 3,700 lawsuits brought against them currently.
Among the defective IVC filters that lawsuits are being brought against include, but are not limited to:
- R. Bard: Recovery and G2;
- Cook Medical: Gunther Tulip and Celect; and
- Cordis: Trapease and Optease
If you or a loved one has had a procedure involving an IVC filter and has experienced complications and/or negative side effects please contact Naumes Law Group for a free consultation at 844-826-8445 or online at www.naumeslaw.com.