The first CR Bard IVC filter trial is now expected to begin in the fall of 2017, giving the parties an idea of how their arguments will play out before a jury.

The CR Bard IVC filter trial will be the first in a multidistrict litigation, or MDL, consisting of hundreds of individual IVC filter lawsuits.

These lawsuits have been transferred to a federal court in Arizona since August 2015, allowing U.S. District Judge David G. Campbell to oversee discovery and other pretrial procedures.

Complications Attributed to CR Bard IVC Filters

Generally, the plaintiffs in these claims are taking issue with complications associated with inferior vena cava filters manufactured by defendant CR Bard.

These filters are small, basket-like devices used to block blood clots from traveling from the lower body to the upper body via the inferior vena cava, the large vein that returns blood to the heart and lungs.

Clots that make it as far as the lungs can cause pulmonary embolism, a potentially deadly complication.

IVC filters like those made by CR Bard are designed to be implanted in the inferior vena cava until the risk of blood clot-related injuries subsides.

These devices are intended to be an alternative to taking anticoagulant medication, which for some patients is not a viable way to reduce the risk of pulmonary embolism.

In the CR Bard MDL, plaintiffs claim to have suffered complications related to the Bard G2, Recovery, Eclipse, Denali, Meridian, and other specific IVC filters made by Bard.

In some cases, patients report their Bard filter moved out of its proper position. Other filters have allegedly broken apart, and the fragments may find their way into the patient’s heart, threatening them with potentially deadly complications.

Other filters have reportedly punctured the patient’s inferior vena cava and sometimes perforated nearby organs.

Several plaintiffs in the CR Bard MDL allege these IVC filters are defectively designed or manufactured. They say CR Bard knew about the associated risks but failed to warn them or their doctors, preventing them from making an informed choice about their own health care.

Results from First CR Bard IVC Filter Trial Could Facilitate Settlements

Judge Campbell is now in charge of over 1,000 individual IVC filter lawsuits and is awaiting the first CR Bard IVC filter trial.

In MDLs like this one, it’s customary for the judge and parties to select a few specific cases to be the first to go to trial.

These cases, called “bellwether” cases, will give parties on both sides an idea of how well their evidence and arguments will play out before a jury.

By giving each party an idea of their strengths and weaknesses, bellwether trials can give the parties an incentive to settle rather than take their chances in an inherently unpredictable CR Bard IVC filter trial.

According to Judge Campbell’s case management order, the court and parties will have six bellwether cases selected by early May 2017, followed by case-specific discovery and motion practice.

The first bellwether trials are expected to begin later that fall. Additional bellwether trials may be conducted before the end of the year.