Amanda Antell  |  November 6, 2018

Category: Legal News

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Growing MDL Alleges Problems with Bard Eclipse IVC FilterC.R. Bard is facing a growing multidistrict litigation (MDL) consisting of product liability claims from patients alleging problems with the Bard Eclipse IVC filter.

One of the most recent IVC filter lawsuits was filed by a woman from Florida, who alleges the Bard Eclipse IVC filter was defectively made and caused her to suffer long term health complications.

Plaintiff Cheryll W. says she had the Bard Eclipse IVC filter implanted for typical treatment purposes, and had no reason to believe she was at risk for serious device complications. The Bard Eclipse IVC filter is marketed as a treatment option for patients who are at risk for blood clots but cannot be prescribed anticoagulant drugs.

The company allegedly marketed the device as a good treatment choice, with Cheryll and her physician relying on the product information and the marketing statements provided by Bard. With these benefits in mind, Cheryll says she had the Bard Eclipse IVC filter implanted on Oct. 21, 2010 but alleges she developed serious device complications soon after.

Overview of IVC Filter Complications

IVC filters are small cage like devices that are directly implanted into the body’s inferior vena cava (IVC), which is the largest vein in the human body. They are supposed to work by stopping blood clots that form in the legs or pelvis from traveling to the heart or lungs.

Even though these devices are supposed to be reliable treatment alternatives for patients who cannot use blood thinners, the medical community has grown concerned with the number of injury reports associated with them.

For years, the FDA has been receiving injury reports describing incidents of the devices breaking apart and migrating into other places in the body that make them difficult to retrieve and present a risk to patients. In 2010, the FDA had issued a public safety warning that stated it had received 921 injury reports since 2005 including:

  • 328 reports of IVC Filter Migration
  • 146 reports of IVC Filter Components
  • 70 reports of IVC Filter Perforation
  • 56 reports of IVC Filter Fracture

Th FDA stated that IVC filter complications are more likely in long term patients, and that the devices should be removed as soon as possible after the risk of clotting has passed. The FDA issued a follow up warning in May 2014 stating that the IVC filter should be removed between 29 to 54 days after implantation.

Even though these IVC filter complications can be devastating to patients, C.R. Bard allegedly failed to disclose this information to patients according to Cheryll and other patients who have filed lawsuits against the company.

At all times relevant, Cheryll alleges that she and her physician had relied on the information provided by Bard and had no reason to believe she was at risk for serious complications. Cheryll states that she would not have agreed to have the Bard Eclipse IVC filter implanted, if she had known about the potential device complications.

Cheryll’s IVC filter lawsuit is joining MDL No. 2641, where it will stand alongside other claims alleging injuries from the Bard Eclipse IVC filter. By joining an MDL, Cheryll’s claim will be streamlined through the litigation process and will avoid potential problems like conflicting rulings from different judges.

This IVC Filter Lawsuit is Case No. 2:18-cv-03057-DGC, in the United States District Court of Arizona.

If you were implanted with an IVC filter, you may be entitled to compensation–even if you did not suffer complications. Patients who did suffer complications may be able to seek significantly more compensation.

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

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