Ashley Milano  |  December 7, 2015

Category: Legal News

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Illustration of Male heart circulatory systemMedical device manufacturer, C.R. Bard is facing an IVC filter lawsuit brought by a Colorado man, alleging that complications with the Eclipse filter caused him life-threatening injuries.

Plaintiff William O. filed the Bard IVC filter lawsuit after he was implanted with the device in June 2013. The small, spider-like filter is designed to catch blood clots that may break free, preventing them from traveling to the lungs.

According to the IVC filter lawsuit, design defects with the Bard Eclipse IVC filter caused the device to tilt causing a piece to fracture and embolize to William’s right ventricle.

As a result of this failure, William required multiple surgical procedures to remove the allegedly defective device as well an unsuccessful attempt to remove the fractured piece of the IVC filter from his heart.  He continues to suffer significant medical expenses and pain and suffering.

William contends that that Bard knew at the time he was implanted with the Eclipse Filter, that the device was defective.

In fact, the IVC filter lawsuit states that Bard had stopped manufacturing and distributing the Eclipse product because it allegedly was aware that the IVC filter had serious design flaws causing it to have inadequate stability and structural integrity as well as a high propensity to perforate the vena cava.

FDA Warning Against IVC Filter Usage

The FDA recently issued a warning letter to Bard for multiple violations of federal law relating to the safety of its Inferior Vena Cava (IVC) filter product line.

These violations concern safety of the use the Recovery Filter, G2 Filter, G2X Filter, G2 Express Filter, Eclipse, Meridian Filter and Denali Filter that were sold and implanted in individuals as retrievable filters who had a temporary need to prevent a blood clot from traveling to the heart or lung.

Among the number of violations, Bard illegally sold adulterated and misbranded IVC filters and failed to report complications and adverse events.  The letter further cites Bard with violations for withholding critical information from the FDA and public.

In August 2010, the FDA issued an advisory to physicians that these retrievable filters be removed after the clot burden passed and reissued its safety communication in May 2014 because of over 900 adverse events associated with the use of removable IVC filters.

An additional FDA investigation found Bard failed to submit a report to the FDA after Bard became aware of information, from any source, that reasonably suggests that its IVC filter devices malfunctioned and that these devices it markets would likely cause or contribute to death or serious injury if the malfunction were to recur.

Bard was further found to have inadequate testing procedures to determine whether during the manufacturing process that the chemical cleaning process for the Eclipse and other IVC Filters were safe.

If you or a loved one suffered IVC filter side effects such as migration, IVC perforation, DVT, or pulmonary embolism, you may have a legal claim. In general, IVC filter lawsuits are filed individually by each plaintiff and are not class actions.

The Bard Eclipse IVC Filter Lawsuit is Case No. 1:15-cv-1970 in the U.S. District Court for the District of Colorado.

In general, IVC filter lawsuits are filed individually by each plaintiff and are not class actions.

Do YOU have a legal claim? Fill out the form on this page now for a free, immediate, and confidential case evaluation. The attorneys who work with Top Class Actions will contact you if you qualify to let you know if an individual lawsuit or class action lawsuit is best for you. Hurry — statutes of limitations may apply.

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If you or a loved one were injured by IVC filter complications, you may have a legal claim. See if you qualify to pursue compensation and join a free IVC filter class action lawsuit investigation by submitting your information for a free case evaluation.

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