IVC Filter Lawsuits: C.R. Bard & Cook Medical Injury Claims

IVC Filter Lawsuits: C.R. Bard & Cook Medical Injury Claims 2018-09-25T12:19:44+00:00
(866) 807-4631

Over 8,000 patients and families have filed IVC filter lawsuits, accusing medical device manufacturers large and small of marketing a medical device that is defective and dangerous.

  • Injured after receiving an IVC filter?
  • You may be eligible to pursue justice.
  • You owe us nothing until we recover damages.

Not sure how to get started? Our dedicated legal team can help. Contact us today for a free consultation.

24/7 Free Mesh Consultations

Free IVC Filter Consultations

(866) 807-4631

We believe patients deserve the highest level of legal representation.

— Laurence Rosen, Esq.

Over 8,000 patients and families have filed IVC filter lawsuits, accusing medical device manufacturers large and small of marketing a medical device that is defective and dangerous.

  • Injured after receiving an IVC filter?
  • You may be eligible to pursue justice.
  • You owe us nothing until we recover damages.

Not sure how to get started? Our dedicated legal team can help. Contact us today for a free consultation.

Free IVC Filter Consultations

(866) 807-4631

We believe patients deserve the highest level of legal representation.

— Laurence Rosen, Esq.
"Thank you." Laurence and his team were excellent.
Rosen Injury Lawyers Reviewed by Yasmine T. on .
Rating: 5.0 ★★★★★

Thousands of injured patients have filed IVC filter lawsuits, seek financial compensation in the wake of severe injuries. In their lawsuits, plaintiffs from around the nation accuse medical device manufacturers, including Cook Medical and C.R. Bard, of manufacturing and marketing a defective and dangerous device without providing sufficient warnings.

IVC Filter Complications Lead To Legal Action

As FDA adverse event reports clearly show, IVC filters routinely lead to severe injuries. These risks have been substantiated by a wealth of medical studies, in which researchers have noted the significant dangers of IVC perforation, filter fracture and embolization.

Doctor Reading X-Ray

Some of these side effects can be fatal. Yet plaintiffs claim that medical device manufacturers hid the risks, choosing to put profits over patient safety. Serious allegations of evidence concealment and negligence have been leveled against IVC filter manufacturers in over 8,000 product liability lawsuits.

The vast majority of these legal claims have been filed against C.R. Bard and Cook Medical, though smaller litigations are also proceeding against smaller IVC filter manufacturers, including Boston Scientific, Cordis Corporation and Argon Medical Services.

Proud Members Of The Following Trusted Organizations
Members Of American Bar Association
Members Of American Association For Justice
NTLA
24/7 Free Confidential Consultations
(866) 807-4631

Which IVC Filters Are Named In Lawsuits?

While numerous IVC filter models have been named in lawsuits to date, most lawsuits focus on 6 models manufactured by C.R. Bard and Cook Medical:

  • C.R. Bard Recovery
  • C.R. Bard G2
  • C.R. Bard G2 Express
  • C.R. Bard Eclipse
  • Cook Medical Celect
  • Cook Medical Günther Tulip

Due to the similarity of these lawsuits, several IVC filter litigations have been consolidated, with the creation of two Multi-District Litigations. The IVC filter lawsuits filed against C.R. Bard have been consolidated in the United States District Court of Arizona, while claims against Cook Medical have been consolidated in the United States District Court for the Southern District of Indiana.

What Is Multi-District Litigation?

When a number of lawsuits are filed against the same defendant, oftentimes involving a similar medical device or drug, similar allegations of negligence and strict liability, the federal court system often uses the legal mechanism of consolidation to make legal proceedings more efficient.

If approved by the United States Judicial Panel on Multi-District Litigation, the similar claims can be transferred to a single court and all cases are assigned to a single judge. With one judge presiding over the entire litigation, Multi-District Litigation, or MDL, eliminates the possibility of duplicative, conflicting rulings, while allowing plaintiffs and their attorneys to pool resources in a common jurisdiction.

In their new court of transfer, the claims proceed through pre-trial proceedings as a group. The complex process of discovery, in which both sides in the dispute share evidence and information, can be completed far more efficiently, since each plaintiff can benefit equally from depositions and other aspects of the discovery phase.

Once the cases have been prepared for trial, many presiding MDL judges decide to hold a series of bellwether trials. These trials serve as "test cases," allowing both sides in the dispute to evaluate the strengths and weaknesses of their arguments in an actual trial. The judgments handed down in bellwether trials are real and binding, but don't directly affect any of the other consolidated cases. Instead, bellwether verdicts help to structure settlement negotiations.

Have Any IVC Bellwether Trials Been Held?

Yes, as of September 2018, four bellwether trials have been decided, one in the Cook Medical Multi-District Litigation and three others in the C.R. Bard litigation. The results of these initial trials have been mixed.

Cook Medical

Thus far, Cook Medical has fared well, winning one bellwether trial outright and having the second scheduled test case dismissed on procedural grounds prior to trial.

The second bellwether case from the Cook Medical MDL did not reach trial; it was decided prior to a trial on the basis of a time limit, the statute of limitations. In a pre-trial order, Judge Richard L. Young of the United States District Court for the Southern District of Indiana dismissed the case, ruling that the plaintiff had waited too long to file his suit.

Despite these early successes, Cook Medical has, in the past, been held accountable in court for IVC filter injuries. In May 2018, a Texas state jury awarded $1.2 million to a Houston firefighter who accused the company of marketing and manufacturing a defective IVC filter.

The plaintiff, Jeff Pavlock, claimed that his Cook Celect IVC filter had tilted after implantation, perforating his aorta and small intestines. Jurors in the case decided that Cook Medical had failed to warn Pavlock's implanting surgeon of the medical device's risks. This case was not part of the Cook Medical MDL.

C.R. Bard

In a resounding success for plaintiffs, C.R. Bard lost its first bellwether trial selected from the consolidated litigation. In her lawsuit, plaintiff Sherr-Una Booker alleged that she had received a Bard G2 IVC filter in 2007 to reduce her risk of pulmonary embolism.

Seven years later, Booker asserted, it was discovered that the IVC filter had tilted. One of the device's metal struts, she claims, perforated her inferior vena cava and fractured. She was forced to undergo surgery to remove the device, but her surgeons were not entirely successful. According to court documents, one of the device's fractured struts remains embedded in Booker's heart.

A jury for the United States District Court of Arizona determined that Bard had failed to warn Booker and her physicians of the G2 IVC filter's risks, awarded the plaintiff a total of $3.6 million in compensation.

After losing its first bellwether trial, C.R. Bard was delivered a favorable verdict in the second test case. In this second case, an Arizona jury found that the company had provided sufficient warnings of the IVC filter's risks.

The plaintiff, Doris Jones, claimed to have received a Bard Eclipse IVC filter in 2010. After experiencing headaches and pain in her arm, Jones says she learned that a fractured fragment of her IVC filter had blocked one of her pulmonary arteries, cutting off the blood flow from her heart to her lungs. Doctors, the plaintiff alleged in court documents, were successful in removing most of the fractured IVC filter, but a piece remains, embedded in her artery, presenting a significant risk of death.

A third bellwether trial against C.R. Bard was dismissed in July 2018, when United States District Judge David Campbell granted Bard summary judgment, finding that the plaintiff had missed the statute of limitations in filing her case.

Court documents also show that, between 2013 and 2015, C.R. Bard settled three IVC filter cases, all alleging severe injuries, for undisclosed amounts.

Are IVC Filter Lawsuits Part Of A Class Action?

No, the process of Multi-District Litigation is not the same as class action. While at least two IVC filter class actions have been filed in Canada, there are no similar class actions in America.

Medical device litigations are rarely litigated as class actions in the United States. In a class action, one or several "representative" plaintiffs stand in for a wider class of plaintiffs, representing their claims in court by filing one single lawsuit. The wider class of plaintiffs has little to no control over the course of the lawsuit. In fact, many class members only learn of the lawsuit after it's been resolved. At the conclusion, it is common for each class member to receive a small award, but few have any sway over the case's most important decisions.

Multi-District Litigation is very different. In MDLs, which can include a large number of injured parties similar to a class action, each plaintiff files an individual lawsuit, based upon the very specific facts of their particular situation. Generally, in the United States, medical device lawsuits, including IVC filter claims, are handled as individual lawsuits because they involve severe and, in some cases, fatal personal injuries. Unlike class action lawsuits, where the individual awards tend to not vary greatly, the awards in MDLs can be drastically different as each plaintiff is compensated after examining their injuries individually.

Reach Out To Our Experienced Attorneys

Did you or a loved one suffer severe injuries after being implanted with an IVC filter? You may be entitled to significant financial compensation.

Some patients and families may be eligible to file a product liability lawsuit, seeking financial damages for their injuries. In the tragic event of a loved one's death, some surviving family members may be able to file a wrongful death claim.

To learn more about your legal options, contact our compassionate legal team today for a free consultation. You can find more information on your rights at no cost and no obligation.

Call Our Lawyers
trust us!
get justice!

(866) 807-4631

24/7 Free Confidential Consultations
(866) 807-4631