What is the goal of a settlement in an IVC filter lawsuit?
The goal of the settlement is to reach a mutual agreement about how much compensation the manufacturer should pay to the victim 1. Settlement process for individual IVC filter lawsuits IVC filter lawsuits pursued on an individual basisagainst filter manufacturers go through the same settlement process that is present in other personal injury cases.
What are some of the most recent IVC filter verdicts?
The most recent was a $3.3 million verdict in Wisconsin for a woman with a Bard Meridian IVC Filter. 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.
Will IVC filter cases lead to mass tort lawsuits?
If the IVC filter cases lead to large settlements and judgments, it will follow the course of many mass tort cases in the United States. First, patients experience significant problems. Lawyers take notice and lawsuits are filed. But the science has not yet caught up with what appear to be pretty obvious facts on the ground. So the victims lose.
How do I join a class action for IVC filters?
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 file a lawsuit on your behalf. The hope is that you will simply have to fill out some paperwork and wait for a global settlement that will resolve your case.
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.
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.
Can an IVC filter stay 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 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.
Can IVC filter cause back pain?
Abdominal or back pain associated with an IVC filter is typically due to penetration through the blood vessel wall, impingement against nearby nerves, and/or penetration into adjacent organs. Migration of filter components or referred pain may affect other areas of the body.
Can IVC filter be removal 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.
How long can you live with an IVC filter?
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.
When should an IVC filter be removed?
A retrievable IVC filter may be removed when the risk of a blood clot traveling to the lungs has passed or if you can take blood thinners. Your doctor may recommend removing the filter when it's no longer needed. IVC retrieval helps reduce the risks of having an IVC filter in your body.
Can you live without an inferior vena cava?
In patients without an IVC, there is blood supply to the leg but no drainage. Those who suffer symptoms are usually put on blood thinners, told to wear compression socks, and sent home to live with what can become a debilitating condition. Others may undergo an invasive surgery to try to correct the condition.
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.
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.
Is IVC filter placement a major surgery?
An inferior vena cava (IVC) filter is a small device that can stop blood clots from going up into the lungs. The inferior vena cava is a large vein in the middle of your body. The device is put in during a short surgery. Veins are the blood vessels that bring oxygen-poor blood and waste products back to the heart.
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.
Can I exercise with IVC filter?
After the placement of an IVC filter, patients should expect to rest for the next 24 hours at home. Strenuous exercise and alcohol should be avoided during the same length of time. After 24 hours has passed, most patients can resume normal activities, including showering.
When can I return to work after pulmonary embolism?
The time it takes to completely recover from a pulmonary embolism can be several months or years, depending on the circumstances. However, people typically start to notice improvements in their symptoms once treatment begins. Usually, people can resume normal activities few days after starting medication.
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...
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.
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?
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.
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.
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 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.
When was the Cook Gunther Tulip IVC filter approved?
In 2003, the United States Food and Drug Administration (FDA) approved the Cook Gunther Tulip IVC filter for permanent and temporary placement. Cook introduced the Celect vena cava filter in 2008, with FDA clearance following trials in other countries.
What happens when you file an IVC lawsuit?
When you file an IVC filter lawsuit, you're asking the product's manufacturer or another defendant to compensate you for your damages. But you're also taking on the legal obligation to keep those damages to a reasonable minimum. The law in most states expects injury claimants to minimize or "mitigate" the financial impact of the harm caused by the defendant's alleged wrongdoing. For example, if the device manufacturer you're suing can successfully argue that you failed to get necessary medical treatment when you knew (or should have known) you were experiencing health problems related to your implanted IVC filter, your damages award might be significantly reduced. This is one of many reasons why it's important to have an experienced lawyer on your side.
What is an IVC filter case?
As with any injury-related case, figuring out the value of an IVC filter injury claim starts with an understanding of the nature and extent of the injured person's " damages ," which is a legal term that refers to compensation for losses suffered by that person (the plaintiff). Damages are paid by the defendant in the lawsuit. (n IVC filter cases, the defendants are usually manufacturers like Cook Medical Inc. and C.R. Bard Inc., but can include surgeons and other health care providers involved in the implant procedure ). Whether your IVC filter case settles out of court or you receive a judgment in your favor after a trial, the money you receive is considered damages. (Learn more about the basics of damages and compensation in a personal injury case .)
What happens if IVC filter fails?
If health complications resulting from a failing IVC filter have forced you to take time off from your job, or have otherwise affected your ability to earn a living, that kind of economic harm will also factor into your damages. Specifically, you are entitled to compensation for any income you've already lost because of your health problems, and for income you would have earned in the future, were it not for your health issues. In "legalese," an award based on future income is characterized as compensation for the injured person's "loss of earning capacity" or "diminished earning capacity."
What is the legal obligation to keep damages to a reasonable minimum?
The law in most states expects injury claimants to minimize or "mitigate" the financial impact of the harm caused by the defendant's alleged wrongdoing.
Our IVC Filter Lawyers Can Help You
Our defective medical device attorneys can help if you or someone you care about was harmed by an IVC filter. Lawsuits have been filed against the device makers by both patients and their families seeking compensation for injuries caused. You may be entitled to a settlement.
No Fee Unless You Win an IVC Filter Settlement
You can afford to have our great team of lawyers on your side. We promise you in writing:
How to file a lawsuit against an IVC filter?
An IVC filter lawsuit usually goes through the following stages: 1 The consumer (now the "plaintiff") files a civil complaint in court. The complaint is the document that starts the personal injury lawsuit. It describes the plaintiff's case and claims against the IVC filter manufacturer—such as C.R. Bard Inc. or Cook Medical Inc.—and/or the health care provider (now the "defendant"). 2 The defendant files an answer to the complaint. 3 The discovery process begins: The plaintiff and defendant exchange information, medical records, and other evidence through written questions ( interrogatories ), sworn testimony ( depositions ), and document requests. 4 Pre-trial motions are filed and hearings are held: Both sides of the lawsuit try to persuade the judge to allow or prohibit certain evidence (testimony from a proposed expert witness, for example) or to dismiss all or part of the other side's argument. 5 Trial takes place: The plaintiff and defendant carefully set out their arguments in front of the judge or jury, and the judge or jury decides whether the defendant should be held financially responsible for the plaintiff's health problems and other losses ( damages) stemming from IVC filter complications.
What happens if a lawsuit is settled before trial?
This letter could spur serious settlement talks, and if a settlement agreement is reached before trial, the lawsuit will be dismissed. Especially as the trial date gets closer and the parties get a better sense of the case landscape (and of their respective chances of prevailing), there's a good chance they'll at least test the settlement waters. And even if the two sides don't come together on their own to try to resolve the case out of court, depending on the jurisdiction in which the lawsuit is filed, the court is almost certain to require that the plaintiff and defendant attend at least one mandatory settlement conference before trial takes place. (Learn more about how personal injury settlements work .)
Is an IVC filter a product liability?
Regardless of whether you're arguing that the IVC filter was defective ( product liability ), or that the health care provider who treated you made an unreasonable mistake ( medical malpractice ), IVC filter cases can be complicated. There might be issues to address right at the beginning, including the appropriate statute-of-limitations filing deadline in light of the plaintiff's symptoms. (Learn more about IVC filter lawsuits and the statute of limitations .) And there will certainly be piles of medical records to sort through, plus expert witnesses to hear from (often multiple experts on both sides of the case).