A Maryland man has filed a lawsuit against C.R. Bard, Inc. and Bard Peripheral Vascular, Inc. for their allegedly defective Bard IVC filter that he had surgically implanted.
On Nov. 24, 2009, plaintiff David S. underwent surgery and had a Bard G2 ® Inferior Vena Cava Filter (G2 IVC Filter) implanted.
As a result of the IVC filter placement, David alleges that multiple legs of the device were fractured, and one of those legs embolized to the lung. Another limb of the filter perforated his inferior vena cava and is in close proximity to his aorta.
As a result of the alleged IVC filter failure, David has had to endure extensive medical treatment, costing him not only significant medical expenses, but also pain, suffering, mental anguish, loss of enjoyment of life, disability and other losses. David will potentially need to have future medical and surgical procedures and must be monitored to make sure the IVC filter causes no further injury.
Eleven counts were brought against Bard including negligence, negligent failure to warn, strict liability failure to warn, strict liability design and manufacturing defects, breach of express and implied warranties, breach of implied warranty of fitness for a particular purpose, fraudulent concealment, negligent misrepresentation and fraudulent misrepresentation.
David is seeking general medical and other special damages for past, present and future problems endured. Pre-judgment and post-judgment interest, costs of the lawsuit, punitive damages and other further relief that the court deems proper.
The Bard IVC Filter Lawsuit is Case No. 1:15-cv-02278-WMN in the U.S. District Court for the District of Maryland.
What is an IVC Filter?
First introduced in the 1960s, IVC filters are designed to filter or “catch” blood clots traveling from the lower body as they head for the heart and lungs. IVC filters are planted, temporarily or permanently, within the interior vena cava, a vein that carries blood back to the heart from the lower body.
In some individuals, blood clots (also called thromboses) form in the deep veins in the legs, called deep venous thrombosis (or DVT) or within blood vessels in the pelvis. When a blood clot reaches the lungs, it is called a pulmonary embolism, or PE. Pulmonary embolisms are a very serious condition and may result in death.
Some individuals are at risk for developing PE or DVT, and those include individuals who are obese, who have vascular diseases, those who have had previous strokes, and individuals who undergo knee or hip joint replacement surgery.
Many people are prescribed oral anticoagulant medications to reduce the risk of blood clots, but others who are very high risk or who cannot manage their condition with medications may have an IVC filter surgically implanted.
Early models of IVC filters were designed to be implanted permanently, while newer models have been designed for temporary placement. With these retrievable filters, the implanted filters were supposed to stay for a shorter period of time and were to be removed when the risk of thrombosis had passed. The Bard IVC G2® Filter was designed as a retrievable filter.
Inferior Vena Cava Filter Complications
Several complications may result from the placement of IVC filters. The most common include:
- Tilting of the filter, rendering it not as useful
- Migration of the filter to other parts of the body
- Misplacement of the filter
- Aorta/duodenum perforation from the legs of the IVF filter
- Fracture of the filter (and pieces may break from the fracture and travel throughout the body)
IVC Filter Lawsuit Information
If you or a loved one has had complications due to placement of an IVC filter, you may be entitled to legal compensation. Our experienced lawyers can review your situation with you during a free consultation and can provide guidance on your options.
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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