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.
Who are the companies that have been sued for IVC filters?
Apart from Bard and Cook, many other manufacturers like Cordis, Crux, Rafael, ALN, Braun, and Boston Scientific were also facing IVC filter lawsuits. A number of IVC filter lawsuits that were not joined in the MDLs have reached out-of-court agreements.
How long should an IVC filter be removable?
Removable IVC filters should be taken out between 29 and 54 days after being implanted, said the FDA. The FDA issued the guideline in 2010, and it was updated in 2014. Many of those who have filed IVC filter lawsuits did not have their filters removed within this time frame or were unaware that they should have been.
What is going on with the IVC filter lawsuit?
$3 million in compensatory damages was awarded to Tonya Brand against Cook Medical IVC filter on February 1, 2019 after a jury found her Celect IVC Filter was defectively designed. The filter fractured and migrated through her body to her thigh forcing her to undergo an open laparotomy surgery.
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 IVC filters stay in forever?
IVC filters come in permanent or temporary (retrievable) models. With new research showing a risk of fractured filters over long periods of time, raising the risk that a patient will develop a DVT, there has been an increase in the use of retrievable IVC filters.
When should an IVC filter be removed?
When should an IVC filter be removed? It is recommended that a removable filter be removed when the risk of a blood clot traveling to the lungs has passed, or if a patient can take blood thinners.
Is IVC filter removal a major surgery?
According to the FDA and Radiological Society of North America IVC filters should be removed once the danger of a life-threatening clot is over. Although the procedure to remove the filter is also minimally-invasive, removing the device may be challenging especially after prolonged dwell times.
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.
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.
Can an IVC filter be removed after 10 years?
We have removed IVC filters that have been in place for years, and in several cases, decades. With advanced techniques it is possible to remove a filter that has been in place for years.
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 you live without an IVC?
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.
What happens to clots caught in an IVC filter?
When the filter is placed in your IVC, the blood flows past the filter. The filter catches blood clots and stops them from moving up to the heart and lungs.
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.
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.
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.
How much is my IVC filter case worth?
Based 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 happens to clots in IVC filter?
When the filter is placed in your IVC, the blood flows past the filter. The filter catches blood clots and stops them from moving up to the heart and lungs. This helps to prevent a pulmonary embolism.
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 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 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.
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.
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 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 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.
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 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.
How Much Compensation Payout Can I Get For An IVC Filter Settlement & Lawsuit?
A claim on an IVC filter, when the injuries and the medical bills are fully considered, can produce a jury verdict or settlement within the range of $200,000 to $750,000.
What is an IVC filter?
An inferior vena cava (IVC) filter is a medical device that is used to prevent a pulmonary embolism in the heart. It is a vascular filter that is surgically installed by vascular surgeons or interventional radiologists.
What happens if a filter fails to catch clots?
If the filter fails to catch these clots, they could blockages, also known as pulmonary emboli (PEs).
Who is suing the manufacturers of IVC filters?
The Maher Law Firm , on behalf of our clients, is suing the manufacturers of certain IVC filters, including C. R. Bard Inc., and Cook. These IVC filters were supposed to catch any potential blood clots before the potentially deadly clots got into the heart and lungs. Instead, the filters are breaking, sending metal prongs throughout the body; they’re permanently lodging themselves in a patient’s IVC; they’re migrating to other vital organs, and; they’re even causing death.
What does this mean for my potential Bard IVC case?
Though no new cases may be filed into MDL 2641, you have two options: 1) New cases must be settled with Bard prior to filing a lawsuit; or 2) new cases must be brought individually in your home jurisdiction. It just cannot be filed as part of the MDL 2641 litigation.
How many cases are in the Bard MDL?
There are currently 8,443 cases pending in the Bard MDL. Judge Campbell is beginning the process of closing the MDL, and, as of May 31, 2019, no new cases may be filed into MDL 2641. On July 10, 2019 a report will be filed with the Court identifying the status of all cases in the MDL.
What is an inferior cava filter?
For people living every day with a higher-than-normal risk of blood clots, Inferior Vena Cava filters, or IVC filters, seemed like a means to an end to their health risks— and their fears. Only to find, after undergoing major surgery, these IVC filters have failed them and created more problems than they originally had.
When is the deadline for a case categorizing order?
The deadline to comply with the Case Categorization Order was February 7, 2019. As a result of the Court’s Order, a significant number of cases were dismissed because the plaintiff was unable to substantiate an injury or failed to correctly submit their case categorization form.
Is there a settlement in the Cook v. Cook case?
There have no major public settlements in the Cook litigation and Cook has taken the position that it is unwilling to settle cases at this point in the litigation.