Bard IVC Filter Lawsuit
Bard still faces IVC filter lawsuits citing wrongful injury. Most Bard IVC filter lawsuits were consolidated into multidistrict litigation. Bard settled with plaintiffs for an undisclosed amount. Though the MDL is closed, you may still be able to file an individual Bard IVC lawsuit.
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Latest Bard IVC Filter Lawsuit Updates
Medical device company C. R. Bard produced multiple inferior vena cava filters and replacement models that broke down inside the body, causing pieces to travel through the bloodstream. These malfunctions led to serious injuries and, in some cases, fatalities.
Individuals filed IVC lawsuit cases against Bard, citing injury and wrongful death, and Bard settled at least three cases between 2013 and 2015 before more plaintiffs began multidistrict litigation against the company. No active cases remain in MDL 2641, though the MDL remains open as of March 2024.
- March 2024: The MDL remains open, though most cases have settled. Lawyers continue to accept new C.R. Bard IVC Filter lawsuits.
- January 2024: No cases were pending in the MDL.
- July 2023: One case in the MDL against Bard remained pending whereas in the IVC filter MDL against Cook IVC filters, 7,978 cases remained pending.
- July 2021: A federal jury in Texas determined that Bard’s IVC filters were defective, paving the way for multiple large, individual verdicts.
- May 2021: Oregon courts awarded $926,000 to plaintiff Peterson because of injuries a Bard IVC filter caused.
- August 2019: Courts began transferring more than 2,500 individual cases out of the closed MDL to court districts across the U.S.
- May 2019: MDL closed with more than 8,000 cases settled for undisclosed amounts.
- March 2018: Bard ordered to pay $3.6 million to the first bellwether plaintiff in the Bard IVC MDL. Courts denied the claims of five other bellwether cases.
- August 2015: Bard IVC MDL opens with 22 cases filed.
- September 2015: News reports state that Bard IVC filters were associated with 27 deaths and hundreds of injuries since the device’s introduction in 2002.
An NBC report in 2015 indicated that Bard didn’t issue a recall for its IVC filters despite being aware of fatalities and injuries. The company continued selling the device for more than three years. Plaintiffs claimed that Bard deceived patients and doctors when they chose not to warn the public about dangerous flaws in the filter.
Once mass litigation began in 2018, Bard lost the first bellwether trial, resulting in a $3.6 million verdict for the plaintiff. The company won other trials before ultimately settling the majority of MDL cases.
Why Are People Filing Bard IVC Filter Lawsuits?
In some cases, Bard’s IVC filters have broken apart, causing fragments of the filter to travel through the bloodstream. One patient, Maria Dalbotten, sued Bard in 2023, alleging that her IVC filter migrated from its original placement, pierced a vein and left a fragment in her heart.
- Allergic reactions
- Blockage of blood vessels or veins causing clots (thrombosis or embolization)
- Blood vessel damage
- Infection
- Leg swelling
- Migration, fragmentation or perforation
IVC filters are difficult to remove, so plaintiffs also live with the stress of a filter remaining inside their bodies, and many claim emotional distress among their injuries. Bard is also accused of negligence in not communicating warnings about the risks associated with IVC filters.
Bard manufactures single-patient medical products and new technology for medical procedures, including IVC filters. These tiny devices are placed into a large vein to stop blood clots from traveling to the lungs.
Do I Qualify to File a Bard IVC Filter Lawsuit?
To qualify to file an IVC filter lawsuit, plaintiffs must have experienced complications or injuries from Bard IVC malfunction. The most commonly named in lawsuits are filter migration, perforation, fracture, embolization and thrombosis.
If you think you have a case, consult an experienced lawyer to determine if your case meets the criteria to file. Your lawyer can help you document your case with medical records, expert testimony and other relevant documentation and negotiate a settlement on your behalf if your case moves forward.
- Filing the appropriate claim
- Engaging in the discovery process
- Presenting pre-trial motions
- Coming to a settlement or considering going to trial if a settlement cannot be reached
While most IVC filter cases were resolved through MDL settlements before reaching trial, some have gone to court. An experienced lawyer can advise you on the timeline you may expect.
Bard IVC Filter Lawsuit Verdicts and Settlements
Prior to the Bard IVC MDL, individual Bard IVC lawsuits reached verdicts through trial with amounts awarded in the millions of dollars. The Bard IVC MDL closed with almost all cases resolved through undisclosed settlements.
A settlement is a voluntary agreement between both parties in a legal dispute. A verdict is a decision that a jury or judge renders after a trial.
- $3.6 million awarded to the plaintiff in the first Bard IVC filter bellwether trial prior to the MDL beginning.
- $926,000 awarded to plaintiff by jury.
Settlement and verdict amounts are difficult to predict, but your lawyer may be able to give you an estimate. In individual cases settled in court against Bard, plaintiffs have received hundreds of thousands of dollars and amounts above one million.
Once your lawyer has all the information they need from you about your experience with a Bard IVC filter, they will be able to discuss your case. This can include discussing possible monetary amounts in more detail.
Have Bard IVC Filters Been Recalled?
In March 2015, the U.S. Food and Drug Administration issued a recall for Bard’s Denali IVC filter because the instructions for use on the label didn’t cover all contraindications. The missing information led to patients with sepsis and allergic reactions to nickel, prompting Bard to send out a recall notice for the devices.
The FDA has issued IVC filter recalls for other companies. In 2013, Cordis issued a recall of its Optease IVC filter because instructions had been printed on the label incorrectly, causing the filters to be implanted backward. In 2005, Boston Scientific recalled its Greenfield IVC filter because of higher-than-expected rates of cardiac or pulmonary embolism and in 2019, Gunther Health recalled its Tulip IVC filter because of labeling concerns.
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