2018 IVC Filter Litigation Update
Thousands of IVC Filter patients have been waiting for their day in court with the medical device manufacturers. Used to prevent blood clots from traveling to the heart, IVC Filters have proven to be very dangerous. Patients with defective IVC Filters live in constant fear of further complications. While little can be done to help patients with defective IVC Filters, victims can at least have their voices heard in court. Several litigations involving numerous IVC filter manufacturers are moving forward and victims will soon have their day in court.
Bellwether Trials To Begin Next Month
C.R. Bard, one of the largest IVC Filter manufacturers in the world, has contested liability every step of the way. Currently facing over 3,000 lawsuits, the company will face its first bellwether trial on March 14, 2018 in an Arizona court. U.S. District Court Judge David Campbell is overseeing what is anticipated to be a several weeks long jury trial.
The bellwether plaintiff alleges Bard failed to warn of the failure risk associated with its IVC Filters. Once implanted, IVC Filters can tilt, migrate, fracture, and perforate the vein, making removal difficult if not impossible. As one of the largest IVC Filter manufacturers, the outcome of Bard’s litigation could set a precedent for other IVC Filter litigations.
Expert Witness Testimony
Bard lost its bid last December to have all of the plaintiffs’ expert witnesses disqualified. Plaintiffs engaged the expertise of four doctors from Northwestern University’s Interventional Radiology department who had extensive experience with Bard’s IVC Filters. The judge overseeing the case ruled three of the four doctors could give testimony.
2018 and Beyond
While no other IVC Filter trials have been scheduled for 2018 so far, it is likely Bard will face more bellwether trials this year. Other IVC Filter manufacturers like Cook Medical, Cordis Corporation, and Boston Scientific, among others, will likely use Bard’s experience as a litmus test for their own litigations. Cook Medical came close to settling its cases last year, but both sides were unable to finalize an agreement. However, depending on the outcome of Bard’s bellwether trials, manufacturers might go back to the negotiation table.
Got IVC Filter Questions?
If you or a loved one is suffering from IVC Filter complications, the IVC Filter attorneys at Blizzard & Nabers LLP can help. Our attorneys have had numerous leadership positions in products liability litigations, bringing years of experience to each client. Contact us today for a free consultation to discuss your case.