Many of the injury claims involving the Bard Eclipse IVC filter have been combined into multidistrict litigation against the company, alleging that the manufacturers are responsible for the injuries sustained by the patients.

The plaintiff in the most recent Bard Eclipse IVC filter lawsuit, Edgar B., claims that he suffered severe side effects due to a defective filter received in New Jersey.  The lawsuit against the manufacturer says that the Bard Eclipse IVC filter device was implanted in May 2012.

The lawsuit alleges that C.R.Bard, the manufacturers of this device, are responsible for the injuries sustained by Edgar, and could have been prevented with appropriate warning. Like Edgar, patients involved in the IVC filter MDL say they could have made a more informed decision about whether the filter surgery was right for them if they had been fully warned of all the risks and potential problems.

The Bard Eclipse IVC filter lawsuit was filed on numerous counts including manufacturing defect, design defect, information defect, failure to warn, negligence in design and manufacturing, failure to recall, breach of implied and expressed warranty, fraudulent concealment, fraudulent misrepresentation on grounds of punitive damages, and violations of applicable state consumer laws.

Bard MDL Participant Complaints

Unfortunately, many different plaintiffs have already had to file lawsuits pertaining to their Bard Eclipse or other Bard IVC filter after they sustained devastating and painful injuries. The volume of these complaints led to the claims being consolidated into a multidistrict litigation (MDL). And Bard is not alone; Cook Medical, another IVC filter manufacturer, is embroiled in an MDL as well.

According to complaints and lawsuits, plaintiffs who received the Bard Eclipse IVC filter in various states claim that they were never warned about the possibility of severe or life-threatening side effects, but that the manufacturer, Bard, was aware of these issues and failed to disclose them.

Some of the most common outcomes experienced by those patients struggling with IVC filter problems include, past, current and future medical expenses, caregiving costs, loss of consortium, anxiety, physical and emotional trauma, loss of earning capacity, and lost wages.

Unexplained IVC filter side effects can come as a surprise to a patient, who might brush off the symptoms not realizing that they are caused by the implanted filter. Complications can include filter migration and breakage.

Many different variations of the Bard products, including the Bard Eclipse IVC filter, have been named in the lawsuits. A federal jury recently awarded one Bard plaintiff $4 million. Other plaintiffs are still in court, their legal claims saying that they learned about these problems too late, and not informed about the possibility of developing severe or life-threatening complications until after they had the devices implanted.

Edgar’s Bard Eclipse IVC filter lawsuit is Case No. 2:18-cv-04906-DGC in the U.S. District Court for the District of Arizona.