By Tracy Colman  |  February 5, 2019

Category: Legal News

A doctor and patient are looking at a CT scan.A New York woman says she experienced complications of IVC filter placement that far exceeded what the device’s manufacturer led her to expect.

According to plaintiff Isaura V.’s short form complaint, she was implanted with the Eclipse Vena Cava Filter on Feb. 17, 2012. She allegedly suffered complications of IVC filter and seeks compensatory relief from the manufacturers and distributors of this product.

Her IVC filter lawsuit joins other claims that fall under the umbrella of multidistrict litigation (MDL) No. 2641—Bard IVC Filter Products Liability Litigation—in U.S. District Court for the District of Arizona.

What are the Complications of IVC Filter Placement?

Inferior Vena Cava (IVC) filters were at one time permanent medical devices designed to be placed in patients to prevent Deep Vein Thrombosis (DVT) or Pulmonary Embolism (PE).

Both are related conditions stemming from the proclivity of some individuals to produce blood clots in the lower extremities which can break off and circulate and ultimately obstruct the lungs. This process can cause respiratory and cardiac arrest.

IVC filters are placed in the major vein known as the Inferior Vena Cava, which runs parallel to the abdominal aorta along the backbone, delivering de-oxygenated blood back to the heart.

They formerly were used in patients with long-term clot issues who were not candidates for the use of blood-thinning medications, but manufacturer C.R. Bard Inc. desired to expand their use to include patients facing shorter-term risk. They focused on patients undergoing traumatic injury or cancer treatment, bariatric obesity intervention,  or total knee and total hip arthroscopies.

The creation of a line of retrievable filter devices allowed them to target these populations, and the Eclipse Vena Cava Filter was just one of these removable devices.

These removable devices were alleged to be able to catch blood clots before they entered the danger zone of the heart and lung region and reduce short-term risks of the target population.

According to a study published by the National Institute of Health, the complications of IVC filter placement vary depending upon the shape and style of the device. Conical shapes became associated with greater risk of penetration of nearby tissues and organs.

Conical Bard filters like the Eclipse received a lot of reports of fracturing, according to the study. Complications of IVC filter with a cylindrical or umbrella shape typically involved embolism screening failure.

Causes of Action

While Isaura’s short form complaint doesn’t specifically name the complications of IVC filter placement, she joins close to 5,000 other litigants in registering her allegations.

Isaura is bringing forward causes of action from the MDL long form which include but aren’t limited to breach of express and implied warranty, fraudulent misrepresentation, negligence—failure to recall/retrofit, negligence—failure to warn, and strict products liability—design defect.

The Eclipse IVC Filter Lawsuit is Case No. 2:19-cv-00003-DGC in the U.S. District Court for the District of Arizona.

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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