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Experienced Injury Lawyers

America Has Fewer Options for Filing Class Action Claims Against Banks

Published on Oct 27, 2017 at 1:34 pm in Multi-district Litigation.

On Tuesday, October 24th, the U. S. Senate voted to end a rule that prohibited banks from including language in their contracts that prohibited individuals from filing class action claims against banks.

A class-action lawsuit is when a group of people has suffered the same or similar injuries or financial damages from the same source, and they sue the party responsible as a group.

Because the Senate killed this rule, Americans seeking legal action against banks may be forced to settle things in private arbitration. This potentially reduces the options for a favorable settlement. In addition, this makes it easier for banks that use this language in contracts to get away with actions similar to the events that recently took place during the Wells Fargo debacle where the bank created millions of unauthorized accounts or the Equifax debacle where the corporation attempted to stop Americans from filing a class action after a major security breach.

While no members of the Democratic party voted for this, most of the Republicans did. Every Republican except John Kennedy and Lindsey Graham voted in favor of getting rid of the rule. After the vote was tied 50-50, Vice President Mike Pence gave the final vote to kill the rule.

Bard IVC Filter Lawsuits Consolidated and Transferred

Published on Aug 29, 2015 at 2:24 pm in Multi-district Litigation, Product Liability.

On August 17th almost two dozen Bard IVC filter cases were consolidated and transferred to the District of Arizona by the U.S. Judicial Panel on Multidistrict Litigation (JPML). It was determined that centralization of the cases will avoid duplicative discovery and help the cases reach a quicker resolution. Most of the lawsuits share common allegations regarding common design defects. This particular brand of IVC filter was manufactured by C.R. Bard.

IVC filters are used to prevent blood clots in the inferior vena cava which is a major vein that carries blood to the heart. The filter is a small, cage-like device that’s inserted during surgery and is designed to keep blood clots from traveling to the lungs or heart. While designed as a permanent device, many complications have resulted from defects in the device’s design. The filter will frequently migrate, tilt, fracture, or perforate over time, causing a myriad of complications including cardiac tamponade (fluid buildup), deep vein thrombosis, pulmonary embolism, severe pain, shortness of breath, hemorrhage, respiratory distress, and sometimes even death.

Due to the above complications, the FDA now strongly recommends the removal of all retrievable IVC filters including those manufactured by C.R. Bard. Most IVC filter lawsuits claim the manufacturers of the device didn’t satisfy safety concerns. There is evidence suggesting that manufacturers have continued creating and selling the filters to hospitals and physicians without delivering any warnings regarding the FDA’s recommendations. The market value of the filters continues to grow.

There is also evidence suggesting that most IVC filters are not being removed from patients despite the recommendations. This is most likely due to insufficient clinical follow-ups, failed retrieval procedures, and a failure on behalf of the manufacturer to reach out to patients who have had the procedure done. Many affected patients feel the manufacturers are not doing enough to properly warn the public regarding the danger of these devices and the necessity of filter removal.

Another IVC manufacturer, Cook Medical, has already had its cases centralized by JPML. The consolidation and transfer of these cases should help the courts reach a verdict quicker regarding each individual case. This will ideally force C.R. Bard and Cook Medical to stop selling new filters and better communicate to physicians and affected patients as necessary to ensure the filters get properly removed.

If you or someone you love has been a victim of complications which have resulted from having an IVC filter inserted or not having it removed, now is the perfect time to seek legal aid and help bring justice to those who were impacted. Medical manufacturers around the world need to know that it’s not right to keep defective equipment on the market without warning when it can cause irreversible harm or even death. Contact Thomas Law Offices today to receive a free consultation. We can help you and your family get back on your feet again.

For more information on the IVC filter lawsuits, click here.