What is the IVC filter lawsuit process?
IVC filter lawsuits pursued on an individual basisagainst filter manufacturers go through the same settlement process that is present in other personal injury cases. After the lawsuit is filed, attorneys for the victim and the IVC filter company gather evidence about the incident.
What happened to the Bard IVC filter lawsuit?
In May 2019, lawyers announced a settlement had been reached in the mass litigation over Bard IVC filters in an Arizona federal court. 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 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.
What is the average settlement for IVC filter?
between $100,000 and $500,000Based on the IVC filter verdicts and the history of mass tort litigation, settlements may average between $100,000 and $500,000 for significant injury cases but there will certainly be cases that settle higher and lower than that payout range.
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.
Can an IVC filter cause death?
If you, or someone you love, has an IVC filter to prevent blood clots, you, and they, might not have known that it could cause serious complications. And unfortunately, those complications could be much worse than the clots the filter was designed to prevent.
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.
How long should 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.
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.
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 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.
Should I have my IVC filter 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.
Can you live without your 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.
How long does IVC filter removal take?
The entire procedure may take anywhere from 30 to 90 minutes depending on the complexity of the technique needed to remove the filter. After the procedure you will remain in the recovery room until you are completely awake and ready to return home or back to your hospital room.
What IVC filters are recalled?
FDA Recalls of IVC Filters. The FDA has issued three Class I recalls of IVC filters – the Cordis OPTEASE filter, the Cordis OPTEASE filter introduction kit, and the Greenfield filter system. There are three FDA Class II recalls of IVC filters – the Bard Denali, the Greenfield, and the Cordis OPTEASE filters.
How long does IVC filter removal take?
The entire procedure may take anywhere from 30 to 90 minutes depending on the complexity of the technique needed to remove the filter. After the procedure you will remain in the recovery room until you are completely awake and ready to return home or back to your hospital room.
Are Greenfield filters MRI safe?
They conclude that, while most Greenfield filters respond to a magnetic field, the chance of migration of a filter because of an MRI scan is small. Therefore, MRI scanning of patients with Greenfield filters has little risk.
Are IVC filters safe?
IVC filters have been considered reasonably safe mainly because hundreds of thousands have been placed without large safety signals emerging. However, a retrospective review of 952 patients after IVCF placement suggested a 1% rate of serious complications from IVCF.
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 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 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.
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.
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.
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.
Why was the third case dismissed?
The third case was dismissed because the plaintiff waited too long to file a lawsuit.
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 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).
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 would happen if bellwether trials were resolved?
As more bellwether trials are resolved, the more likely both sides will come to an agreement on a settlement amount for the rest of the cases. Such a settlement would be a global settlement. It would end all of the cases in the MDL and create a pool of money which would then be disbursed to the victims in the MDL.
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.
Contact Our IVC Filter Lawsuit Lawyers
Our defective medical device attorneys can help if you or someone you care about was harmed by an IVC filter. Lawsuits are currently being investigated against the device makers by both patients and their families, seeking compensation for injuries caused. You may be entitled to a settlement award.
No Fees 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:
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.
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.
