What is going on with the IVC filter lawsuit?
The IVC filter lawsuits were warming up in 2021, as courts recovered from COVID. In 2021, three plaintiffs' verdicts were rendered at trial. The most recent was a $3.3 million verdict for a woman with a Bard Meridian IVC Filter in Wisconsin. Her IVC filter had become lodged in her vein.
How often should IVC filter be replaced?
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 stay in permanently?
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.
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.
What happens if you leave an IVC filter in?
What Happens If a Retrievable Filter Stays in Place Too Long? Studies have shown that the longer an IVC filter remains in place, the more difficult it is to remove, and the greater the risk of filter-related complications.
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.
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.
Can you live with an IVC filter?
It makes intuitive sense that a device placed in the vena cava for an extended period of time has a risk of complication. Even though IVC filters have been shown to be safe and effective, there have been a substantial number of filter- related complications reported in the medical literature.
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.
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.
Does IVC filter removal hurt?
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.
Do IVC filters need to be replaced?
Not all retrievable IVC filters should be removed if the risk of clots traveling to the lung persists and if blood thinners continue to be unusable. These filters can be left in place as permanent filters, but many filters can be removed even after being in place for several years.
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.
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.
How effective are IVC filters?
Current evidence indicates that IVC filters are largely effective; breakthrough PE occurs in only 0% to 6.2% of cases. Contraindications to implantation of IVC filters include lack of venous access, caval occlusion, uncorrectable coagulopathy, and sepsis.
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 value of an IVC filter lawsuit?
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 will be settlement tiers that group the plaintiffs by injury from death down to more minor complications.
Why is the $2 million IVC filter lawsuit important?
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? It shows the jury was mad and this was not just a company that made an honest mistake. This increases projected settlement compensation payouts in all the other IVC lawsuits out there.
What is a perforation filter?
A perforation is when a part of a filter migrates through the wall of the IVC and leaves the IVC. The morbidity and mortality associated with surgical removal of Bard, Cook Medical, Rex Medical, and Greenfield filters are high.
What are the risks of Bard's IVC filters?
Published studies and reports from the FDA show that risks associated with Bard's IVC filters include, but are not limited to, deep vein thrombosis, filter fracture, filter migration, filter embolization, and IVC perforation.
How to join an IVC 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 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.
How much did the jury award to a woman who suffered a cardiac injury from a defective IVC filter?
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. This verdict is huge because Cook has been undefeated in their IVC lawsuits. Not anymore!
What happened to the G2 filter?
In April 2018, the victims finally broke through and got a huge verdict. 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.
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.
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 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 an IVC filter lawsuit?
Filing an IVC filter lawsuit can allow you to recover much-needed compensation for any harm you’ve suffered. Contact Rosen Injury Lawyers to find out how our legal team can help you get the money you deserve.
Who is being sued for defective IVC filters?
Defective IVC filters have caused thousands of injuries. Many IVC filter manufacturers, including Cook Medical, C.R. Bard, and Boston Scientific, are now being sued for negligence in designing, manufacturing , and marketing these dangerous devices. Below we cover the ivc filter settlement payout amounts.
Why would you be a candidate for an IVC filter?
You may be a candidate for an IVC filter if you have an increased risk of developing blood clots because you:
What is an inferior vena cava filter?
Inferior vena cava “IVC” filters are intended to catch blood clots before they have the opportunity to reach the heart and lungs. Recent studies show that IVC filters may not be effective. The blood clot filters have also been associated with an increased risk of complications and injury.
Why did Sherri Booker get an IVC filter?
Booker v. Bard: In 2007, Sherri Booker received a Bard G2 IVC filter implant to reduce the risk of blood clots. The IVC device fractured in 2009. Metal shards from the IVC filter traveled to and lodged in her heart. Booker required open heart surgery to repair damage and remove the broken device.
How much did Booker get for her IVC filter?
IVC Filter Award: Booker was awarded $3.6 million in damages for her IVC filter injuries. The award included $2 million punitive damages, intended to punish Bard for its conduct.
When did Vlasvich get her IVC filter implant?
Bard: Vlasvich received a Bard G2 IVC filter implant in 2009. In 2011, three of the twelve spokes used to secure the device to the vein fractured and traveled to her heart. She required open heart surgery, but doctors were only able to remove one of the spokes safely. Bard settled the case privately in January 2015.
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 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 .)
How does the court calendar affect the timeline of a case?
The court's calendar might also affect the timeline of your case. If the calendar is clogged, hearing and trial dates could get postponed by weeks or months.
Who files an answer to the complaint?
The defendant files an answer to the complaint.
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).
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.
