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?
How are damages determined in an IVC filter lawsuit?
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 severity and total duration of the injury from the IVC filter The overall effect that the IVC filter injury had on the patient’s mental and physical well-being
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.
What happened to Cook Medical IVC filter case?
But in February 2019, a jury in Indianapolis awarded $3 million to a woman who suffered a cardiac injury from a defective Cook Medical IVC filter. Cook's defense of hiding behind the FDA's skirt finally fell flat.
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...
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.
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.
What happened to Sherr Una Booker?
Sherr-Una Booker - Arizona: Sherr-Una Booker had her Bard IVC filter implanted in 2007. Two years later, a radiologist noticed fragments of the IVC filter in her heart and spine, indicating a filter fracture. A federal jury in Phoenix awarded Booker $3.6 million after her IVC filter fractured, resulting in open heart surgery to remove the pieces. Booker's case was the first of many IVC filter liability litigations against Bard. The plaintiff was awarded $2 million in damages, in addition to $1.6 million in punitive damages as a result of the verdict in March 2018.
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.
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 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.
When did Sherr Una Booker get her Bard G2 filter implanted?
Sherr-Una Booker had a Bard G2 filter implanted in 2007. She sued when the device “tilted, migrated and fractured,” according to court documents. She underwent multiple surgeries to remove the filter and its struts, but one strut remained embedded in the wall of her inferior vena cava.
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.
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 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 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 are bellwether cases?
These are bellwether cases. The outcomes of bellwether trials can give attorneys for the plaintiffs and the defendants an idea of how a jury will react to the claims and the defenses that are raised, as well as how large of a verdict can be expected from a typical case 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.
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.