Depending on the injuries suffered an IVC filter claim can result in a settlement or verdict in the range of $200,000.00 and $750,000.00. Such numbers are mere averages; since every case is different the value of your specific case will vary.
Why is the $2 million IVC filter settlement important?
An Arizona jury found C.R. Bard, Inc.'s negligence caused the company's G2 inferior vena cava filter to fracture. The jury awarded $3.6 million. Very important to the settlement of these cases is that $2 million of this IVC filter lawsuit award was punitive to punish C.R. Bard for their conduct. Why is this so significant?
Are You filing an IVC filter lawsuit?
The complaints name IVC filter manufacturers including Bard, Cook Medical, Rex Medical, and Cordis. If you or a loved one has been harmed by IVC filter complications, you should contact the IVC Filter Attorneys at Schmidt & Clark, LLP, immediately. You may be entitled to compensation by filing an IVC Filter lawsuit and our lawyers can help.
How much is a broken IVC filter worth?
Her IVC filter became embedded in her vein. She required several surgeries to both remove the filter and to collect the broken pieces of the shattered filter. In July, a jury awarded $386,250 in a fractured filter case against C.R. Bard.
Where can I get a free IVC filter lawyer in Indiana?
Cook MDL: Southern District of Indiana. If you or a loved one has suffered serious side effects and deaths caused by IVC filters, call an IVC filter lawyer today at 800-553-8082 or get a free, no-obligation online case review of your legal claim. Call us or another lawyer immediately.
What is going on with the IVC filter lawsuit?
$33.7 Million was awarded by a Philadelphia jury in the first bellwether trial in the Philadelphia inferior vena cava filter mass tort litigation. On October 28, 2019, the jury found that Rex Medical and Argon Medical Devices defectively designed the Option IVC filter device.
What happens when an IVC filter catches a clot?
When an IVC filter has captured a blood clot traveling through the inferior vena cava vein, the filter clogs and creates a host of medical symptoms, including: Swollen legs, Leg pain, and. The feeling of internal pressure in the legs.
What happens if IVC filter left in too long?
Unfortunately, if left in place too long, IVC filters may result in serious side effects and complications including device break-up, device migration, organ perforation and death. C.R. Bard is facing a number of IVC lawsuits for injuries caused by its Recovery and G2 IVC filters.
How long does it take to recover from an IVC filter?
Post-procedure Care If your IVC filter was removed through a vein in your neck, you should be able to resume your normal activities within 24 hours. If your filter was removed through a vein in your groin, you should avoid driving for 24 hours and lifting heavy objects and climbing stairs for 48 hours.
How long can IVC filters stay in?
The U.S. Food and Drug Administration (FDA) recommends removing temporary IVC filters after 29-54 days. While this is not very long, it should provide enough time for the acute threat to pass or to find another solution that can work on a long-term basis.
Do lungs heal after pulmonary embolism?
A pulmonary embolism (PE) is caused by a blood clot that gets stuck in an artery in your lungs. That blockage can damage your lungs and hurt other organs if they don't get enough oxygen. It's a serious condition, and recovery can take weeks or months.
Can you leave a IVC filter in forever?
An IVC is a special basket-like filter to trap clots that can be inserted into the inferior vena cava, a large vein in the abdomen that carries blood from the lower to the upper half of the body to the heart. Doctors can implant an IVC filter permanently or temporarily, depending on the patient's needs.
What happens when an IVC filter Cannot be removed?
Without the IVC filter in place, a blood clot traveling to the lung could cause a blockage of the pulmonary artery. This is known as a pulmonary embolism (PE), a life-threatening condition.
Can an IVC filter be removed after 10 years?
Embedded IVC Filters In many cases, IVC filters left in place too long, over several months to several years, cannot be safely removed using standard methods because they have scarred into the walls of the vein. “Unfortunately, this complication rate can be really high,” Dr.
Is IVC filter placement a major surgery?
Surgeons can insert an IVC filter through a small incision. This means it's minimally invasive. You don't need major surgery to have IVC filter placement.
What are symptoms of IVC filter problems?
Inferior vena cava (IVC) filters can cause symptoms ranging from redness and fever to deep vein thrombosis (DVT), pulmonary embolism, and infection....Venous Access SiteRedness, swelling, or tenderness at the incision area.Fever.Other symptoms of infection.Unusual bleeding or bruising.
Is IVC filter removal painful?
After having a vena cava filter removed, you may feel tired and have some pain for several days. You may have a small bandage where the catheter was placed. This care sheet gives you a general idea about how long it will take for you to recover. But each person recovers at a different pace.
What if IVC filter Cannot be removed?
Inside the vein, the IVC filter works by allowing blood to flow around a trapped blood clot until the body's natural blood thinner (anticoagulants) break it down. Without the IVC filter in place, a blood clot traveling to the lung could cause a blockage of the pulmonary artery.
What causes blood clots in the inferior vena cava?
Insertion of dialysis catheters, femoral venous catheters, pacemaker wires, and vena cava filters are all potential causes of inferior vena cava thrombosis.
How do you remove a clot filter?
The procedure to remove the IVC filter is similar to the procedure used to place it. A small catheter-based wire loop (snare) is inserted into the large vein in the neck. A removable IVC filter contains a small hook at one end. With X-ray guidance, your doctor uses the snare to grasp the hook and withdraw the filter.
Can you get a PE with an IVC filter?
For permanent filters, research has shown that breakthrough PE—despite the IVC filter—occurred in 0% to 6.2% of cases. One randomized controlled trial 10 showed that PE occurred in 15.1% of high-risk patients who did not receive IVC filters.
Why Were IVC Lawsuits Unsuccessful at First?
For a long time, no vena cava filter lawsuits so far have made it through trial with a successful jury verdict. Yet many plaintiffs' attorneys rema...
How Much Compensation in an IVC Filter Settlement Can You Expect?
The settlement value of an IVC filter lawsuit is going to depend on the severity of the victim's injuries. If there is a global settlement, there w...
What IVC Filters are Recalled?
The FDA has issued a number of recalls and warnings on IVC filters. Two of the recalls were Class I recalls. Class I means there is a reasonable pr...
How Do You Join the IVC Filter Class Action?
The easiest path to join one of the MDL class actions involving the IVC filters is to hire a lawyer who is handling these cases. That attorney will...
How Much May I Receive to Settle an IVC Filter Injury Case?
The injury lawyers at Saiontz & Kirk are pursuing blood clot filter settlements for individuals who may be entitled to financial compensation as a result of problems caused by small medical devices implanted into the inferior vena cava (IVC) to prevent blood clots from traveling to the lungs.
What are the factors that jurors take into account when deciding an IVC filter injury?
At trial, jurors will take into account the nature of IVC filter injury, the severity of the damage and the economic impact of the injury on the individual plaintiff.
What is contingency fee agreement?
All lawsuits are handled by our attorneys under a contingency fee agreement, which means that there are never any fees or expenses paid unless we are successful obtaining an IVC filter settlement or other recovery in your case.
How to contact IVC law firm?
After contacting our office toll free at 1-800-522-0102 or requesting a free case review on-line, the facts and circumstances surrounding your potential IVC filter injury will be reviewed and evaluated by our lawyers. If it is determined that you or a loved one may be eligible for a settlement, it is your decision whether to hire our law firm.
Will IVC filter litigation take time?
Therefore, it will likely take some time before any global IVC filter settlements may be reached.
What are the effects of IVC filter injury?
The overall effect that the IVC filter injury had on the patient’s mental and physical well-being. Pain and mental anguish suffered / Possibility of pain and mental anguish in the future. Past or future medical expenses initiated by IVC filter complications. Lost wages. Loss of earning ability.
What are the jurors' considerations in IVC?
During trials, jurors will consider the nature of any IVC filter injuries, as well as the severity and financial impact of the injury on the plaintiff.
What are the factors that determine the amount of damages a plaintiff could be entitled to receive?
A determination of the amount of damages a particular plaintiff could be entitled to receive may be based on multiple common factors that a jury might consider, such as the following: The overall effect that the IVC filter injury had on the patient’s mental and physical well-being.
What is the negotiation process in mass tort litigation?
The negotiation process to settle mass tort litigations, like the IVC filter litigation, is typically based upon what a particular jury may choose to award each individual plaintiff if the case did in fact proceed to trial.
Do manufacturers offer mass settlements?
Some individual state court cases have reached settlements. However, the manufacturers have not offered a mass settlement for the majority of injured parties at this time. Therefore, many complaints have been filed in courts across the U.S. over the past few years and a number of centralized pre-trial proceedings have been created.
Is there a bellwether trial for Bard IVC?
As pretrial proceedings have now been established for Bard IVC filter lawsuits as well as the Cook IVC filter lawsuits, we have seen and will continue to see bellwether trials. These trial experiences are used to gauge how individual juries might respond to testimony and evidence that will invariably be seen again and again throughout these types of trials.
What is an IVC filter?
An IVC filter is a vascular device placed in the inferior vena cava vein which prevents blood clots from moving into the lungs. Plaintiffs filing lawsuits against IVC filter manufacturers claim the devices have caused serious organ ...
How many IVC lawsuits have been filed?
At least 15,800 IVC filter lawsuits have now been filed against various manufacturers. None have settled to date. In one case decided in March 2018, a Phoenix jury found Bard 80% responsible for the injuries suffered by a woman who claimed an IVC filter fractured in her body.
Why is concealment important in IVC cases?
In terms of perception by jurors, concealment can be crucial for settling a case in favor plaintiffs.
When did the FDA update the IVC filter?
The Food and Drug Administration ( FDA) has also taken action during the last 10 years. The federal agency issued an IVC filter safety communication in 2009 and updated the warning in 2014. More updates are forthcoming as IVC filter recalls continue.
What is a radiology expert witness?
Radiology expert witnesses are trained to use medical imaging to diagnose pathology that cannot be confirmed with physical exam alone. Selective subspecialties of radiologists, such as Interventional Radiologists, treat diseases as well. Radiology experts perform and evaluate x-rays, computed tomography…
Why are there IVC settlements?
Public relations remains the primary reason for these settlements. As the general public learns more about the potential harm of IVC devices, the fact that companies were avoiding any recall to preserve their profits and images is increasingly troubling.
What causes pain in the lower back and extremities?
Degenerative diseases of the lumbar spine, which encompass conditions such as spondylolisthesis, disc degeneration, and lumbar spinal stenosis, can cause debilitating symptoms such as pains in the lower back and extremities. The most prevalent spinal disease, lumbar spinal stenosis, affects…
How many IVC lawsuits have been filed?
Our law firm was one of the first firms in the country to file IVC Filter lawsuits. To date, there have been over 15,000 cases filed around the country against various manufacturers of these dangerous and defective medical devices.
How Many People Have Been Injured by IVC Filter Complications?
Since 2005, FDA has been made aware of at least 921 adverse event reports involving IVC filters, which included:
What is IVC perforation?
IVC Perforation, Puncture or Serious Damage to the Heart, Lungs or Vena Cava
How many Boston Scientific IVC filters were affected by the recall?
A total of 8 complaints were received, 2 of which involved severe injuries requiring intervention, and 1 was reported as a death. There were approximately 18,000 Boston Scientific IVC filters affected by the recall.
What to do if IVC filter is broken?
Patients who believe their IVC filter pierced or fractured should contact their doctor immediately. A computerized tomography (CT) scan or other test will be used to determine whether the device has failed.
What is an IVC recovery filter?
IVC recovery filter candidates are typically people with a history of blood clots, trauma victims, at risk for developing deep vein thrombosis (DVT), or who have had a recent surgery.
When did the IVC filter trial start?
The first large-scale, multi-specialty research trial to evaluate the safety of inferior vena cava filter use in the U.S. began in spring 2015 with participation from 7 filter manufacturers. The study addressed concerns that retrievable IVC filters can migrate or break apart after being implanted, leading to significant health risks for patients.
What is the settlement process for an IVC filter?
The settlement process for IVC filter claims is a negotiation between a victim who has been hurt by an implanted IVC filter and the device’s manufacturer. The goal of this process is to reach a mutual agreement about how much compensation the manufacturer should pay to the victim. The settlement process can be very different, depending on whether the IVC filter lawsuit was filed individually or as a part of an ongoing multidistrict litigation (MDL).
What is the goal of settlement in IVC?
The goal of the settlement process in IVC filter claims is to provide each victim with a mutually agreeable amount of compensatory damages. Pain and suffering. Importantly, settlements do not include punitive damages, which aim to punish defendants for especially wrongful conduct.
What happens after a lawsuit is filed?
After the lawsuit is filed, attorneys for the victim and the IVC filter company gather evidence about the incident. As more evidence is gathered, a clearer picture forms about what happened and the costs of the victim’s injuries. If the evidence tips in favor of the victim, the defendant will begin making offers to settle the case. If the victim accepts one of these settlement offers, they will receive the financial compensation and whatever else is included in the settlement package. In exchange, the victim will drop their case against the defendant.
What is a plaintiff fact sheet?
Attorneys for both the plaintiffs and the defendants agree to a plaintiff fact sheet, which victims are required to fill out in order to join a multidistrict litigation. This fact sheet aims to gather information about all of the elements of each plaintiff’s condition. In the context of IVC filters, this fact sheet would include:
What is included in settlement offers?
Another common provision included in settlement offers is that the defendant does not admit any wrongdoing.
Why would an older plaintiff receive less from a settlement?
Older plaintiffs would receive less from the settlement because their pain and suffering would not last as long as a younger victim. In some cases, the formula is used to create an online calculator for victims who are considering legal action so they can estimate their recovery, should they decide to file a lawsuit.
Do settlements include punitive damages?
Loss of consortium suffered by their family, and. Pain and suffering. Importantly, settlements do not include punitive damages, which aim to punish defendants for especially wrongful conduct. In fact, settlements almost always involve a disclaimer by the defendant that the settlement is not an admission of wrongdoing.
What is an IVC filter?
The IVC filter is a device used on thousands of patients in the United States each year. Unfortunately, the use of the device has been linked to an increased risk of severe health complications resulting from filter migration or a fracturing of the device.
What are the factors that determine the value of a lawsuit?
Some of the most common factors in determining the value of a lawsuit include the following. The severity and magnitude of the injuries suffered. The length of time require to properly heal form the injuries suffered. Whether the injuries result in a long term or permanent disability; and a requirement for nursing and home care.
How much time is punitive damages?
Based on recent supreme court opinions punitive damages can be as much as 10 timed the actual damaged suffered. Unfortunately many medical device manufacturers attempt to downplay the known risks associated with the implantation of their products so as to pass FDA approval guidelines much to detriment of the end user (patient).
How many lawsuits have been filed against IVC filters?
Companies whose IVC filters have been the subject of many negligence claims resulted in thousands of lawsuits, with C. R. Bard and Cook accounting for more than 5,500 lawsuits each due to issues with their devices. Below are some notable cases against the companies.
Who is the IVC filter lawsuit?
Thousands of people have filed IVC filter lawsuits against C. R. Bard, claiming the company's IVC filters cause injuries. Among other wrongful actions, negligence is the most serious accusation leveled against Bard, with evidence showing that the company likely knew about the risks of its Recovery filter before bringing it to market.
What is an IVC filter?
An IVC filter is a medical device designed to catch blood clots. It is implanted in a large vein where it can prevent clots from traveling to the heart or lungs. Inferior vena cava filter (IVC filter) lawsuits claim the devices injured people. Patients say their IVC filters broke and moved. Some caused tissue and organ perforation.
What are the complications of retrievable IVC filters?
Patients have experienced a number of complications from alleged defects in the design of a variety of retrievable IVC filters. These medical device lawsuits have named a number of complications including: 1 Organ damage 2 Organ perforation 3 Blood clot 4 Deep vein thrombosis (DVT) 5 Pulmonary embolism (PE) 6 Filter migration 7 Device fracture
Why are IVC filters subject to lawsuits?
Several manufacturers and brands of IVC filters have been subject to individual and class-action lawsuits because of the devices' failure or complications. According to court documents, each of these companies knew their products were defective but continued to sell them without informing doctors and patients of the risks. As a result, plaintiffs claim that the companies are liable for the harm done to them or their loved ones.
Why do people file IVC lawsuits?
IVC filter lawsuits typically claim the adverse events associated with the devices are due to one or more of the following reasons: Design and manufacturing defects. Failure to warn consumers of known risks. Breach of implied warranty on the medical device.
When was the Cook Celect IVC filter implanted?
Elizabeth Hill - Florida: The plaintiff, Elizabeth Hill, had the Cook Celect IVC filter implanted in 2010, later suffering from varying complications of pain and fatigue. She alleged the blood clot filter had to be surgically removed three years later after it was found to have perforated her IVC and the duodenum of her small intestine. Ultimately, the jury found her evidence to be thin and the case resulted in a defense verdict in November 2017. This was the first bellwether case against Cook.
The contingency fee agreement basics, and how "costs" can affect settlement in an IVC filter injury lawsuit
The contingency fee agreement basics, and how "costs" can affect settlement in an IVC filter injury lawsuit.
Understanding Contingency Fees
Under a contingency fee agreement, your attorney takes a percentage of any settlement or court judgment you receive, and usually pays for all costs as the case proceeds.
Calculation of Costs in an IVC Filter Case
An important point to consider when it comes to costs: If you win your case, you will usually be on the financial hook for costs. But whether your attorney takes his or her contingency fee percentage before or after these costs are paid can make a significant difference in how much you ultimately receive.
Switching Attorneys
Let's say that sometime after you hire Attorney A, you decide to end the attorney-client relationship (for whatever reason) and take your IVC filter case to Attorney B at a different firm.
Manufacturer and Governmental Response
The Damages Incurred
- The plaintiff attorneys are seeking the following damagesfor their clients based on the harm caused by IVC filters: 1. Past and future medical expenses that result from injuries caused by the IVC filters 2. Past and future pain and suffering (physical and mental) caused by IVC filter injuries and the treatment/ recovery process 3. Wage losses 4. Future incapacity to earn money 5. Loss …
IVC Filter Lawsuit Claims
- Lawsuits against IVC filter manufacturers accuse the companies of: 1. Designing, producing, and promoting defective medical devices 2. Marketing unreasonably dangerous products to medical professionals and consumers 3. Failing to provide adequate product defects and health risks 4. Disregarding the health and safety of product recipients to serve their own financial interests 5. …
Ongoing IVC Litigation
- At least 15,800 IVC filter lawsuits have now been filed against various manufacturers. None have settled to date. In one case decided in March 2018, a Phoenix jury found Bard 80% responsible for the injuries suffered by a woman who claimed an IVC filter fractured in her body. The company was ordered to pay $3.6 million in compensatory and punitive ...
Taking on An IVC Lawsuit?
- Any mass tort firm considering filing lawsuits against IVC filter companies should consider hiring the best possible experts. Professionals with experience in medical device manufacturing and warning policies can help establish causation and damages in IVC cases. Above all, they can provide the best information and testimony possible for a plaintiff’s courtroom victory. Likewise, …