What to Know Before Filing an IVC Filter Lawsuit
Evidence now suggests that IVC filters may cause more harm than good. Thousands of patients have been injured because the devices are failing at alarming rates. Manufacturers are now being sued for selling a dangerous product and failing to warn consumers about health risks associated with IVC blood clot filters.
Have you had an IVC filter implanted? You may be entitled to compensation. Rosen Injury Lawyers can help you fight for the money you need and deserve. Call our law firm today to schedule a free, no-obligation case assessment. We can help you determine whether you may be eligible to file an IVC filter lawsuit.
Why Are IVC Filter Implants Defective?
Inferior vena cava (IVC) filters are small, cone-shaped medical devices designed to catch blood clots before they can travel to your lungs and cause a pulmonary embolism. Each filter is surrounded by up to 12 small, spider-like legs. After the filter is inserted into the vein, the tiny legs expand and secure the filter in place. Many devices used today are retrievable and are supposed to be removed from patients once the risk of a blood clot has passed.
IVC filters are defective because they are prone to:
- Migrating, and
- Tilting after implantation.
When the metal devices move or break, they can cause serious damage.
Patients with defective IVC filter implants are at an increased risk of serious injury, including organ perforation, infection, and blood clot recurrence. Many patients also require revision surgery to remove the defective device. Unfortunately, retrievable IVC filters are often left in patients for too long, which can prevent successful removal. This puts patients and their health in even greater danger.
How Did I Receive a Defective IVC Filter Hip Implant?
There are two types of IVC filters: permanent and retrievable. Permanent filters were the first to be approved by the FDA in the early 1980s. These devices were intended to remain in patients for life. Device manufacturers began to design new, retrievable IVC filters when the dangers of permanent filters were exposed. Retrievable filters, which are intended to remain in patients for only a short period of time, were first approved by the FDA in 2003.
Medical devices must be approved for use by the FDA before they can be marketed and sold. The traditional FDA approval requires extensive safety testing to ensure that a product is safe. Companies often have to put in thousands of review hours to get FDA approval. Many IVC filter manufacturers have been able to receive FDA approval without rigorously testing their devices.
The FDA’s 510(k) process allows companies to receive premarket approval for a product if it is “substantially similar” to a something that’s already been approved by the agency. Companies simply have to show that the new device is just as safe as the existing product. This streamlined process only requires companies to put in a fraction of the time and effort to get approval.
Since safety testing isn’t prioritized in the premarket approval process, dangerous and defective devices have received FDA approval. As a result, the risks associated with these devices are only being discovered after they’re implanted in patients like you.
What Should I Know Before I File an IVC Filter Lawsuit?
Are you thinking about filing an IVC filter lawsuit? Here are a few of the things you should know before you get started.
Which IVC Filter Implant Do You Have?
Dozens of IVC filters have been approved for use in patients by the FDA. While the devices are all similar, they each have their own unique design. The IVC filter implant that you received will be central to your lawsuit.
Commonly used IVC filters include the:
- ALN IVC filter
- Bard Recovery IVC filter
- Bard G2 IVC filter
- Bard Eclipse IVC filter
- Bard Meridian IVC filter
- Bard Denali IVC filter
- Bard Simon Nitinol IVC filter
- Boston Scientific Greenfield IVC filter
- Cook Gunther Tulip IVC filter
- Cook Celect IVC filter
- Cordis Optease IVC filter, and
- Rex Option IVC filter.
Rosen Injury Lawyers will help you determine which IVC filter implant has caused your injury.
Does Your Specific Implant Have Known Known Side Effects or Risks?
No two IVC filters are the same. Each device poses its own risks and side effects. Learning more about the complications or risks associated with your specific IVC filter implant will help to strengthen your case.
Here are some questions you should ask along the way:
- What is the IVC filter’s failure rate?
- What side effects or complications have been reported by other patients?
- Has the IVC filter been recalled by the FDA?
- Do any studies reveal a link or correlation between the IVC filter and health issues?
Not sure where to start? Contact Rosen Injury Lawyers for help. Our IVC filter injury lawyers will investigate your case and uncover the answers you need. Call today to learn more.
Was Your IVC Filter Recalled by the FDA?
Many IVC filters have been recalled by the FDA and manufacturers. A recall does not automatically mean that your device is defective or dangerous. Instead, it suggests that there may be a potential health risk. The recall is issued to protect patients like you from potential dangers. However, the FDA rarely issues a recall for a medical device unless there is substantial evidence to suggest a serious threat to your health or safety exists.
Once a recall is issued, the alleged health risks will be thoroughly investigated. The results of these inquiries can be very helpful as you pursue compensation. It’s important to know that a recall does not protect an IVC filter manufacturer from injury lawsuits. Medical device companies can still be held fully accountable for the harm caused by their defective devices.
You can learn more about IVC filter recalls by visiting the FDA’s website.
Which Company Manufactured Your IVC Filter?
The company that manufactured your defective IVC filter should be held fully responsible for your injuries. When you file your IVC filter lawsuit, you’ll have to know which company created your specific device.
IVC filter manufacturers include:
- Argon Medical Devices
- B. Braun Interventional Systems Inc.
- Boston Scientific
- Cook Medical
- C.R. Bard
- Cordis Corporation, and
- RexMedical Option.
Rosen Injury Lawyers will help you determine which company manufactured your IVC filter. Once we know who is to blame, we can begin to pursue compensation on your behalf.
When Did You Receive Your IVC Filter?
You will need to know the exact date you received your IVC filter. This, along with other basic information about your medical procedure, will be relevant to your case.
Rosen Injury Lawyers will help you gather the information you need, including:
- The date, time, and location of your IVC filter implant procedure
- The specific device implanted in your inferior vena cava
- The type of IVC filter implant you received (permanent vs. temporary)
- The name of the surgeon or doctor who performed the procedure, and
- The names and titles of others involved in your medical care.
These questions can usually be answered by taking a look at your medical records. Our IVC filter lawyers will contact your medical provider and obtain copies of the information we need.
When Did You Discover Your IVC Filter Injury?
Do not hesitate to file a lawsuit if you have been injured because of a defective IVC filter. You will only have a limited amount of time to file your claim. The specific amount of time you’ll have to file your claim will depend on your state’s laws.
IVC filter lawsuits are classified as a type of product liability matter. The statute of limitations for product liability injury lawsuits will apply to your case. Most states will require that you file your IVC filter lawsuit within one or two years of discovering your injury.
- When did you first notice any adverse health events after getting your IVC filter implant?
- When did you realize that your IVC filter caused your injury?
You will lose your right to file a lawsuit and demand compensation if you don’t file your claim on time. Protect your rights by contacting Rosen Injury Lawyers immediately after learning that you’ve been injured. Your first consultation is free, so call for help today.
Are You Eligible to File an IVC Filter Lawsuit?
Have you experienced side effects or health issues after receiving an IVC filter implant? If so, you are not alone. Thousands of lawsuits have been filed against IVC filter manufacturers across the country.
You may have the right to file an IVC filter lawsuit of your own if:
- You received an IVC filter implant
- The implant migrated, shifted, tilted, or fractured
- You subsequently suffered any adverse health issues; and
- The statute of limitations has not expired.
An experienced IVC filter injury lawyer will be able to tell you if you have a legitimate case. Contact Rosen Injury Lawyers to schedule your free consultation today.
Contact Our Experienced IVC Filter Attorneys
You trusted that an IVC filter would protect you from dangerous blood clots. What you didn’t anticipate was that the device would fail and cause you serious harm. Now you’re struggling with a painful, debilitating injury and faced with expensive medical bills.
You shouldn’t have to deal with the consequences of the defective IVC filter alone. The company behind that defective product should be held fully accountable. Rosen Injury Lawyers can help you file an IVC filter lawsuit and demand the compensation you deserve. Contact our experienced legal team to learn more about your legal rights. Your first consultation is free, so call us to get started on your case today.