Recent News: $4M awarded in First Bard IVC Filter Case
On March 30, 2018, the first Bard IVC Filter Trial resulted in a multi-million dollar judgment against manufacturer CR Bard. Plaintiff Sherri Booker won $2 million in compensatory damages and $2 million in punitive damages because a blood clot filter manufactured by C.R. Bard Inc. broke apart in her body. The jury’s verdict found Bard liable for making and distributing a deadly medical device.
The Booker trial examined a Bard G2 model filter that broke inside the plaintiff’s inferior vena cava, the body's largest vein. The G2, which looks a bit like a daddy longlegs spider, did not have to undergo the normal gauntlet of clinical testing before its approval, because it was submitted to the FDA under a “pre-market Section 510(k) approval” process, in which a manufacturer certifies that a new device is similar to one already approved.
There are more than 3,600 IVC filter victims’ cases. The next Bard IVC filter trial will begin in mid-May 2018, and is expected to last two weeks. More bellwether trials are forthcoming, which will help determine the dollar value of the implant patients’ claims.
If you were harmed by an IVC filter, let us be your advocate
For more than 30 years, doctors have been implanting filters in the veins of some patients. These tiny, cage-like devices are designed to catch blood clots before they reach a person’s heart and lungs, where they can cause serious injury or death. The use of the filters has become common in bariatric, orthopedic and trauma surgery patients.
But in recent years, the United States Food & Drug Administration (FDA) received a wave of reports that the newer generation of retrievable inferior vena cava filters (IVC filters) caused harmful complications, including punctured organs and veins and even death.
Patients have filed IVC filter lawsuits across the country. They alleged that manufacturers C.R. Bard and Cook Medical were negligent in the design and manufacture of the devices, and failed to inform doctors and patients about potential risks.
Working in collaboration with other national law firms, Berman & Simmons is handling claims involving patients who developed harmful complications due to the use of IVC filers. There are strict statutes of limitations in medical device lawsuits, so it’s important to get in touch with us as soon as possible if you believe you have an IVC filter lawsuit.
Call 207-784-3576 for a free consultation.
For IVC filter lawsuits, talk with a local Maine law firm you can trust
If you, a family member or someone you know has been harmed by complications caused by an IVC filter, a lawyer at Berman & Simmons can help. We have the expertise and resources to make sure you receive full compensation for the harm done to you, and to hold manufacturers accountable for their actions.
We’re proud to be the trusted firm in Maine for people who have been seriously injured, and families that have suffered losses, through no fault of their own. We are recognized as the best personal injury and medical malpractice law firm in Maine and among the best in the U.S. We have obtained several of the largest jury verdicts in Maine history, and many of the largest settlements for our clients. We have recovered $1 billion for our injured clients.
Call 207-784-3576 for a free consultation. You pay nothing unless we win by settlement or jury verdict.
What models of retrievable IVC filters are under scrutiny?
C.R. Bard Inc. brands: Recovery, G2, G2 Express, Eclipse, Meridian, Denali
Cook Medical Inc. brands: Celect, Gunther Tulip
IVC filters can migrate and fracture, causing injury or death
In 2010, the FDA warned about the risks of fracture, migration, and perforation from retrievable filters. The agency advised for the devices to be removed as soon as the risk for blood clots was no longer a concern, and recently updated the advisory, calling for removal between the 29th and 54th day after implantation.
Problems from IVC filters include:
- Migration: Migration means the device becomes loose from the location where it was implanted, and moves toward the heart and lungs. Migration can render the filter ineffective at stopping blood clots. Migration into the heart and lungs can cause immediate death.
- Fracture: The “legs” or “arms” of the device have been known to break spontaneously and also break during attempted removal procedures. The fractured pieces of metal can then travel throughout the body, where they can puncture organs or become lodged in the heart or lungs. It is extremely difficult to remove pieces of an IVC filter after it has fractured. Many patients must have subsequent surgeries to remove the broken filter pieces.
- Puncture causing "bleed out": The "fishhook" anchors and fractured pieces have been known to puncture some patients' inferior vena cava and cause internal bleeding. Some patients with these problems think they are simply not feeling well, and can die within hours or days if the problem is not diagnosed.
- Puncture causing paralysis and neurologic injury: Some IVC filters have been known to pierce through the interior vena cava into the spinal canal and cause paralysis and injury.
CONTACT US for a free case evaluation. You pay nothing until and unless we win by settlement or jury verdict.
What compensation can I receive if I was harmed by an IVC filter?
Under state and federal law, victims of dangerous medical devices have the right to recover financial damages for various categories of loss, including:
- Pain, suffering, and emotional distress, past and future
- Interference with your enjoyment of life
- Medical expenses, past and future
- Time lost from work
- Loss of future earnings
- Wrongful death damages (for the estate)
Studies and investigations associated with IVC Filters
A number of medical studies have shown the risks of retrievable IVC filters. These include:
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