A new IVC filter lawsuit was filed by an Illinois couple who claim the husband suffered internal injuries from C.R. Bard’s inferior vena cava (IVC) medical device.
Plaintiffs Ernest and Carol W. filed the lawsuit alleging the company’s IVC filter caused Ernest severe injuries that continue to complicate his life. His wife Carol joined the IVC filter lawsuit, alleging a loss of consortium, or loss of intimacy, claim in stemming from her husband’s IVC filter injuries.
According to the lawsuit, Ernest was implanted with Bard’s Eclipse IVC filter in January 2011. By that July, the device had failed, migrating from the site of implantation and embedding itself in wall of Ernest’s inferior vena cava.
After two surgeries in July 2011, physicians were still unable to retrieve the filter.
The plaintiffs are seeking general damages, special damages, payment of past, present and future medical bills, interest, cost of litigation, punitive damages, among other forms of relief. They allege negligence, failure to warn, design defect, manufacturing defect, breach of implied warranty, and negligent misrepresentation.
The Bard IVC Filter Lawsuit is Case No. 2:15-cv-02144-CSB-EIL in the U.S. District Court for the Central District of Illinois.
What is an IVC Filter?
IVC filters are small medical devices implanted in patients to prevent pulmonary embolisms. The cage-like filters are surgically implanted and then catch blood clots that develop and break off from deep veins, thereby stopping these clots from traveling to the lungs. But IVC filter side effects can be dangerous.
If you were implanted with a Bard IVC filter and suffered side effects you may have a legal claim. Your spouse may also be able to join your IVC filter lawsuit as co-plaintiff, alleging loss of consortium. This allegation of “loss of spousal intimacy,” may result in higher damages or settlements for the plaintiffs.
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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