By Tamara Burns  |  May 29, 2017

Category: Legal News

IVC filter chest xrayA Louisiana man has filed a Bard Eclipse IVC filter lawsuit within the Bard multidistrict litigation that is currently underway out of Arizona federal court. He has named both C.R. Bard Inc. and Bard Peripheral Vascular, Inc. as defendants in his lawsuit.

Plaintiff Jeffrey W. had the Bard Eclipse IVC filter implanted on May 2, 2011 and suffered unspecified injuries as the result of its use.

As a result, Jeffrey has brought forth a number of allegations against the defendants including strict products liability for manufacturing defect, information defect (failure to warn) and design defect, multiple counts of negligence, breaches of express and implied warranties, fraudulent misrepresentation, fraudulent concealment, violations of applicable Louisiana Law Prohibiting Consumer Fraud and Unfair and Deceptive Trade Practices, punitive damages and tolling statute of limitations.

With respect to tolling of statute of limitations, Jeffrey’s Bard Eclipse IVC filter lawsuit states, “Plaintiff and the physicians reasonably relied upon the skill and judgment of Defendants. As soon as the true nature of the IVC FILTER and the fact that the warranty and representations were false were ascertained, Plaintiff was notified of the breach. Due to the Defendants’ deception, and failure to notify individuals of the defects, Plaintiff could not have known of the falsehood and therefore could not have taken action before this time.”

Jeffrey is demanding a jury trial for the issues he has brought forth in his lawsuit.

The Bard Eclipse IVC Filter Lawsuit is Case No. 2:17-cv-01497-DGC and is part of the Bard MDL In re: Bard IVC Filters Products Liability Litigation, MDL No. 2641, in the U.S. District Court for the District of Arizona.

What Is a Bard Eclipse IVC Filter?

A Bard Eclipse IVC filter (also known as an inferior vena cava filter) is a small, cagelike device that is used to prevent blood clots from traveling from the lower veins of the body back to the heart and lungs where they can do severe damage or cause death to an individual.

The device is implanted in the patient’s inferior vena cava, the body’s largest vein that carries blood from the lower extremities back to the heart where the blood can be oxygenated and recirculated. In individuals who are susceptible to clots due to genetics or after having a major surgery, physicians may decide to implant filter as an alternative to oral anticoagulant therapy.

In the event of a blood clot occurs in the lower limbs, the IVC filter is designed to effectively “catch” blood clots in the vein before they travel to a point where they can to further damage. The finger-like projections of the device can trap the blood clots, and then the body can naturally break the clot down in time.

However, complications can develop from the use of an IVC filter. Patients who have had the Bard Eclipse IVC filter implanted have noted serious issues including device fracture, device migration, tilting of the filter that renders it less effective or completely ineffective, perforation organs and more. Some cases, the complications resulting from the placement of a Bard Eclipse IVC filter led to death.

Moving Forward after IVC Filter Complications

If you have suffered from complications after having the Bard Eclipse IVC filter or another IVC filter implanted, you may be able to seek legal compensation for your injuries. An experienced products liability attorney familiar with IVC filter claims can provide you with a no-cost obligation to discuss your unique situation and opportunities for pursuing litigation.

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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Join a Free IVC Filter Class Action Lawsuit Investigation

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.

An attorney will contact you if you qualify to discuss the details of your potential case.

Please Note: If you want to participate in this investigation, it is imperative that you reply to the law firm if they call or email you. Failing to do so may result in you not getting signed up as a client, if you qualify, or getting you dropped as a client.

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