Quick Facts About IVC Filter Litigation

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Quick Facts About IVC Filter Litigation
11.16.2015 News


NBC News Questions Safety of Bard Recovery Filters

In September 2015, NBC News published a report on IVC filters, noting that 27 deaths were linked to the Recovery filter in 10 years. Among people reportedly injured by the filter was Dodi Froehlich, 45, who had a filter implanted after a car accident increased her risk of a blood clot. Four months after receiving the filter, Dodi suffered a severe headache and found out she would need open-heart surgery because a piece of the filter had perforated her heart.

According to NBC News, a confidential study found that Bard’s Recovery filter had a higher rate of failure than its competitors’ filters, but no recall was announced. Bard has said its filters were appropriately approved by the FDA and still have significant benefits for patients.

New Study Shows Risks Associated with Cook Celect IVC Filters

A new study published in June 2015 in the Journal of Vascular Interventional Radiology reveals the Cook Celect IVC filter poses a significant risk of puncturing a major blood vessel. This filter had a 43 percent rate of perforation versus another type of IVC filter, which had a zero percent perforation rate.

Judge Denies C.R. Bard’s Request to Seal Documents in Bard IVC Filter Lawsuit Settlement

A Nevada IVC filter lawsuit where a patient implanted with a Bard Recovery Filter System had his organs perforated, requiring open heart surgery was recently resolved during trial. This lawsuit, like many others for similar IVC filters, alleged design defects, manufacturing defects, and failure to warn. C.R. Bard filed a Motion to Seal Materials from the case before Judge Robert C. Jones, including certain trial exhibits and portions of the trial transcript. The judge declined to do so, holding that “the only harm that could come to Defendant from the release of this information is the precipitation of further lawsuits against it.”

Multidistrict Litigation Grows

With all of this information coming to light, it’s no surprise that more and more patients who were injuring by these devices are filing suit against the companies. Multidistrict litigation claims against two manufacturers – Cook Medical and Bard – allege their inferior vena cava (IVC) filters caused harm to patients, including device migration, fracture, tilting, and perforation. These types of claims refer to a special legal procedure designed to speed up the process of trying complex cases. According to reports on multidistrict litigation, there are 56 lawsuits on file against Bard in MDL 2641 (In Re: Bard IVC Filters Products Liability Litigation) as of October 15, 2015. Meanwhile, there are 133 lawsuits against Cook Medical in MDL 2570 (In Re: Cook Medical, Inc., IVC Filters Marketing, Sales, Practices And Products Liability Litigation) as of October 15, 2015. As more patients continue to file against the companies, these two claims are expected to increase over the next several months.

Blizzard Law Handles Medical Device Claims Nationally

Ed Blizzard has over 30 years of legal experience. He is one of only a select few trial lawyers to become Board Certified in Personal Injury Trial Law by the Texas Board of Legal Specialization. He has been named to the Litigation Counsel of America, a position only available by invitation, as well as the American Board of Trial Advocates. The litigation team of Blizzard Law PLLC has handled thousands of mass tort claims across the country. Many coordinated litigation leadership teams and judges have trusted Mr. Blizzard to lead various product liability litigations.