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.