Emily Sortor  |  March 19, 2019

Category: Legal News

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A patient says she experienced complications after IVC filter insertion because of a design defect in a filter made by C.R. Bard.

Plaintiff Margaret G. says that she underwent placement of a Bard Filter System on or around Feb. 25, 2014. She says that the device has a high rate of failure, and claims that she requires medical care to ensure that her filter does not fail, and will incur risk because of the device’s presence in her body.

IVC filters have made headlines in recent years for their risk of failure, and medical companies have attempted to improve their design to make them safer and more effective.  

Margaret states that she suffers physical, emotional, and economic damages including pain and suffering, mental anguish, loss of enjoyment of life, disability, risk or requiring additional medical and surgical procedures, ongoing medical monitoring, and other losses proximately caused by the Bard IVC filter.

The IVC insertion complications lawsuit states that the IVC filter is a filter designed to be inserted into the inferior vena cava. Here it prevents blood clots from moving through the body, causing injuries like a stroke, circulation damage, and heart attack. 

Allegedly, the Bard IVC Filter was designed, marketed, and manufactured by Bard beginning in July 2011 to prevent blood clots from traveling from the lower portions of the body to the heart and lungs.

Margaret says that the filter has a high likelihood of failing because of a design defect, and it can cause injury by tilting from the position that it was inserted, migrating away from its position, fracturing, and perforating the wall of the vena cava.

She argues that Bard failed to conduct appropriate clinical testing into the device, including but not limited to animal studies to determine how the device would function once permanent implanted into the human body. She also argues that Bard knew or should have known that the device had a high rate of failure for the reasons listed above, which could cause serious injuries and death to patients.

Allegedly, some of the possible injuries that can result from failure of the Bard IVC filter are cardiac/pericardial tamponade (obstruction), arrhythmia, embolism, pain, tearing of tissues, vessels, and organs, and an inability to remove the device in the event of failure.

Additionally, Margaret asserts that the Bard IVC filter has been used to treat conditions other than those for which it was initially approved, and she argues that Bard should have anticipated that these uses could result in the device “not performing as safely as the ordinary consumer would expect.”

Margaret also states that Bayer was aware that the IVC filter could have risks, and specifically began to design a new device that addressed the issues with the initial device, but fail to notice physicians and patients hat a safer device was available and failed to issue a recall of the initial device.

The IVC Filter Insertion Lawsuit is Case No. 6:19-cv-06125-MAT, in the U.S. District Court, Western District of New York.

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.

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