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 is the largest IVC filter verdict?
The largest IVC filter verdict to date is a $33.7 million jury award against Rex Medical over its Option filter. Tracy Reed-Brown had claimed the device she received in 2010 perforated her inferior vena cava and punctured her pancreas, renal vein and aorta.
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.
Are You frustrated with your IVC filter MDL lawyer?
People are getting frustrated. Our law firm has received calls from many victims who are in the IVC filter MDL class action who are frustrated with their lawyers for not advancing their case towards settlement and wanting to hire a new lawyer. But the lack of progress in these cases is unlikely to be the fault of your attorney.
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 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.
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.
What happens if 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.
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.
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.
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.
How long does it take to recover after IVC surgery?
Many people return to their regular activities in one or two days. IVC filters may be permanent or temporary (retrievable). Your surgeon will need to remove a retrievable vena cava filter as soon as you don't need it to reduce complications.
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.
Why does an IVC filter need to be removed?
IVC filter removal 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 IVC filters get clogged?
Yes, an Inferior Vena Cava (IVC) filter can get clogged with a blood clot. The clot can cause painful swelling in your legs and other extremities. Because the clot slows the circulation of blood throughout your body, it impairs your heart's ability to pump blood out of your legs efficiently.
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 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 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.
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.
What is the IVC filter lawsuit?
Lawsuits claim that IVC filter manufacturers designed, manufactured and marketed defective devices. They also claim that the companies didn’t do enough to warn doctors and patients about the risks of the devices. Sherr-Una Booker had a Bard G2 filter implanted in 2007.
How often are IVC filters used?
The study found that IVC filters were used 13 times as frequently in the U.S. as in five large European countries.
How long does it take for an IVC filter to be removed?
The FDA recommends that retrievable IVC filters should be removed between 29 and 54 days after they are implanted. The agency found that, after that amount of time, the devices pose a greater risk than the pulmonary embolisms they are supposed to prevent.
What companies are involved in IVC lawsuits?
Lawsuits name IVC filter manufacturers including Bard, Cook Medical, Rex Medical, and Cordis. Many claim that removing failed devices have been difficult to nearly impossible. Some claim continued mental stress because patients are forced to continue living with defective devices that it may be too risky to remove.
When will Bard IVC filters be refunded?
The litigation was closed to new cases and anyone who filed a lawsuit to be part of the litigation after May 31, 2019, would be given a full refund of the filing fee.
How much did Tonya Brand get in the Cook trial?
FEBRUARY 2019. A jury in the third Cook trial awarded Tonya Brand $3 million for injuries she received from her IVC filter.
Can you file a lawsuit against Bard Filters?
However, the court said that people are still free to file separate, independent lawsuits over Bard filters, but new lawsuits will not be part of the litigation in Arizona.
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 many IVC lawsuits are there?
Past and future loss of enjoyment of life. Punitive damages, if applicable. As of 2019, there are at least 11,000 IVC filter lawsuits pending in federal court against several medical device manufacturers that were filed by patients that were injured by IVC filters.
What is an IVC filter?
An IVC filter is a small, cage-like medical device that is inserted by a surgeon into the inferior vena cava to catch blood clots to prevent them from entering the lungs. The inferior vena cava is the major blood vessel that returns blood from the lower half of the body to the heart.
What are the adverse events of IVC filter implants?
Some of the most common reports involve medical device migration, filter fracture, embolization (movement of the filter, or fracture into fragments that reach heart or lungs), perforation, and general difficulty removing the device. Some of these adverse events have led to the following:
What is the responsibility of the medical device manufacturer to satisfy any safety concerns about IVC filters?
It is the responsibility of the medical device manufacturer to satisfy any safety concerns about IVC filters by using testing and clinical trials. Still, thousands of IVC filter lawsuits have been filed. They say the device manufacturers have not dealt with serious safety concerns.
When were IVC filters introduced?
Since IVC filters were introduced in 2005, FDA has received thousands of adverse event reports involving the filters. ( EVToday.com ). Specifically, some doctors and patients have reported the IVC filters can fragment and embolize in the patient’s body.
Where is the IVC filter inserted?
The device is inserted through the groin or neck. Tiny metal legs deploy in the inferior vena cava and trap blood clots. An IVC filter may be used when anticoagulant drugs cannot be used or do not work. IVC filters usually are permanent implants, although some filters may be retrievable.
What percentage of failed attempts to remove filter?
3% involved failed attempts to remove the filter.
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 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 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."
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.
