A plaintiff has filed a products liability lawsuit within the Bard IVC Filters MDL after suffering blood clot filter injuries she allegedly sustained after having the device implanted.
Plaintiff Theresa M., a Pennsylvania resident, has named both C.R. Bard Inc. and Bard Peripheral Vascular, Inc. as defendants in her blood clot filter injuries lawsuit.
According to her short form complaint, Theresa was implanted with the Recovery Vena Cava Filter in June 2004.
A vena cava filter, also known as an IVC filter or blood clot filter, is used to prevent blood clots from traveling to the heart or lungs where it can cause a heart attack, stroke or pulmonary embolism. All of these conditions are very serious and can potentially be fatal, so preventing blood clots from doing further damage is essential for some patients.
The device itself is a small-cage-like device with several legs projecting from the body of the device. It is implanted in the inferior vena cava, the body’s largest vein that carries blood back to the heart.
It essentially traps blood clots that try to travel past it, and then the body can work at dissolving the trapped blood clots, allowing blood to flow freely through.
Some patients are unable to take oral anticoagulant medications in order to thin their blood and reduce the risk of pulmonary embolism, stroke and heart attack. These patients are often candidates for IVC filters.
Additionally, during some surgeries, where there is a likelihood that a blood clot can travel from the lower limbs back to the heart and lungs, an IVC filter is used as a precautionary measure to avoid the situation.
While Theresa’s short form complaint does not indicate the specific blood clot injuries that Theresa experienced, the plaintiffs in the Bard IVC filter multidistrict litigation have typically suffered from one or more of the following common blood clot filter injuries associated with the device:
- Filter fracture
- Filter migration
- Filter tilting, rendering it less effective or even useless
- Organ perforation
Theresa has brought forth a number of counts against the defendants including three counts of strict products liability for manufacturing defect, information defect/failure to warn and design defect, negligence in design, manufacture, failure to recall/retrofit and failure to warn, negligent misrepresentation, negligence per se, breaches of express and implied warranties, fraudulent misrepresentation, fraudulent concealment, violations of applicable Pennsylvania law prohibiting consumer fraud and unfair and deceptive trade practices and punitive damages.
She is seeking a jury trial and seeks an unspecified amount in damages for her blood clot filter injuries.
The Blood Clot Filter Injuries Lawsuit is Case No. 2:17-cv-01297-DGC and is part of the CR Bard IVC Filter MDL, MDL No. 2641, In re: Bard IVC Filters Products Liability Litigation, in the U.S. District Court for the District of Arizona.
Filing a Blood Clot Filter Injuries Lawsuit
If you or a loved one has suffered from blood clot filter injuries after having been implanted with an IVC filter, you may be eligible to seek legal compensation for your injuries.
Successful plaintiffs are able to recover damages related to medical expenses, lost earnings, physical pain and suffering, emotional distress and mental anguish, loss of enjoyment of life, loss of spousal companionship and more.
Many plaintiffs are also able to seek punitive damages against the defendant. These damages are designed to sufficiently punish the defendant for its alleged wrongdoing and deter from future wrongful behavior.
An attorney familiar with the intricacies of filing an IVC filter lawsuit following blood clot filter injuries can provide you with a free case review and consultation to discuss your situation and can help you understand the legal options that are available for you to pursue.
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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