A clot filter lawsuit is recently filed against C.R. Bard, the makers of the IVC filter, by a man alleging he suffered severe injuries after becoming implanted with the device. The lawsuit, filed in Arizona federal court, joins a growing multidistrict litigation (MDL) against the company.
Texas Plaintiff Gregory M. filed the clot filter lawsuit on May 23, 2018.
According to his IVC filter lawsuit, Gregory was implanted with the Denali Vena Cava Filter on Feb. 8, 2015. However, he says that in May 2016, he was diagnosed with acute PE, or acute Pulmonary Embolism.
Gregory demands a trial by jury.
The clot filter lawsuit was filed on multiple counts including manufacturing defect, information defect, design defect, failure to warn, negligence, negligent misrepresentation, breach of express warranty, breach of implied warranty, fraudulent misrepresentation, fraudulent concealment, Violations of Applicable Texas Law Prohibiting Consumer Fraud and Unfair and Deceptive Trade Practices, and punitive damages.
Overview: Clot Filter Lawsuit
Gregory’s claim is filed as part of a large MDL centered on allegations that C.R. Bard’s IVC Filter causes severe adverse effects and complications that include filter migrations and the puncturing of organs due to device implantation.
Patients’ inferior vena cava filters have been said to fracture and perforate leading to severe injuries to surrounding organs, vessels, and tissues. When filters fragment and dissociate, loosened fragmented parts circulate in the bloodstream; these fragments can cause even more complications if they become lodged in a patient’s heart or lungs.
The U.S. Food and Drug Administration (FDA) has continued to receive multiple adverse event reports over patients suffering a range of complications and adverse side effects. Clot filter lawsuits like Gregory’s are being filed with the hopes of the manufacturer taking responsibility for the damages they have caused to thousands of patients.
IVC Filter Use
An IVC filter’s purpose is to help prevent a patient from developing blood clots that can lead to serious injuries such as a pulmonary embolism or deep vein thrombosis.
A pulmonary embolism occurs when there is a blockage in a certain area of the body which then circulates to the lungs and prevents blood from flowing. Deep vein thrombosis (DVT), in contrast, is a blood clot that occurs in the body’s deep veins and usually in the body’s lower extremities, such as the legs. An IVC filter, therefore, “filters” out blood that may carry a blood clot and prevents the clot from flowing into a person’s lungs or heart.
Plaintiffs, like Gregory, assert that Bard failed to adequately warn them of the serious effects and complications associated once becoming implanted with a C.R. Bard Vena Cava Filter. Allegations assert that the IVC Filter contains a product defect that causes increased risk of perforation to the heart, lungs, and patient’s inferior vena cava vein. This allegedly leads to other serious complications, including patients having to undergo the removal of the IVC filter altogether.
The Clot Filter Lawsuit is Case No. 2:18-cv-01554-DGC, in the U.S. District Court for the District of Arizona. The Bard IVC filter MDL is In re: Bard IVC Filters Products Liability Litigation, MDL No. 2:15-MD-02641-DGC, in the U.S. District Court for the same district.
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.
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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