Prior IVC Filter Lawsuit Settlements

IVC Filter Claims

Due to the significant dangers of IVC filters, the FDA has issued two separate warnings regarding the use of these devices in patients who are at a high risk of developing blood clots. If a device is left in place for too long, the patient’s risk of other complications increases, including:

• Organ perforation caused by the filter
• Filter fractures and migration of filter pieces to other areas of the body
• Pulmonary embolisms

Claims against C.R. Bard and Cook Medical include negligence and a failure to provide adequate warning of the dangerous side effects. Neither physicians nor their patients were made aware of the potentially serious risks of these devices. Claims also state that the design of the devices is flawed, as the filters can easily fracture and migrate throughout the body, causing severe damage. Several of the products named in these lawsuits against C.R. Bard and Cook Medical include:

• Bard Recovery Filter
• Bard G2 Filter
• Bard G2 Express Filter
• Cook Gunther Tulip Filter
• Cook Celect Filter

IVC Filter Multidistrict Litigation

The first lawsuit against Bard was filed in 2012. By 2015, there were over 100 cases. To help streamline the process of evidence and discovery in similar cases, they were consolidated into MDL (multidistrict litigation) in October 2015 in the Southern District of Indiana. Another 50 cases were consolidated into MDL in the District of Arizona in 2015 as well. Many of these cases are still pending.

Why Not a Class Action Lawsuit?

There are several claimants who are petitioning for a class action lawsuit against the IVC filter manufacturers, however, it has not yet been approved. In cases such as this, where the injuries of individual patients can range from minor to life threatening and death, it is usually more beneficial for claimants to participate in MDL rather than a class action lawsuit. With a class action lawsuit, all cases are treated alike, and each plaintiff receives an equal percentage of the total settlement amount. This could result in a very small sum for each plaintiff, which is not helpful for those who have suffered severe injuries and have extensive medical expenses as a result.

If you have been injured by a defective medical device, Speak with an Attorney

With MDL, the process consolidates similar cases for evidence and discovery, however, each case is still tried and settled separately. This results in settlements that are awarded on an individual basis, based on the extent of the plaintiff’s injuries and suffering.

IVC Filter Settlements

Many of the IVC filter lawsuits against C.R. Bard and Cook Medical are still pending, and there have only been a few settlements reached prior to this publication.

• In February 2015, Bard settled the claim of Kevin Philips just 10 days after the trial commenced. According to Mr. Philips’ claims, his IVC filter fractured and part of the device migrated, perforating his heart. He required emergency open-heart surgery followed by an extended recovery.
• In early 2016, Bard indicated that they intend to settle most, if not all, IVC filter suits filed against the manufacturer.

Many more lawsuits are still pending. Suits have been filed against Bard for their G2 filters and against Cook for their Celect filters. These lawsuits claim a failure to warn, negligence, and misrepresentation of the safety of the devices. Many of these lawsuits are seeking damages for medical expenses, pain and suffering, a diminished quality of life, lost wages, loss of consortium (companionship), and more.

Find an Experienced Attorney

If you or a loved one has suffered serious complications following the implantation of an IVC filter, our experienced attorneys can provide you with the legal representation that you need. Please contact our legal team today to arrange a free consultation and to discuss the current status of IVC Filter litigation.