IVC Filter Lawsuit Settlements

IVC filter manufacturers Bard and Cook Medical, among others, have been involved in IVC filter lawsuits and multidistrict litigations claiming their devices are defective.

Bard has negotiated individual settlements and a global settlement with more than 8,000 plaintiffs. However, in most cases, Cook Medical and others, such as Boston Scientific, moved to trial without reaching settlements.

An IVC filter lawsuit settlement is an agreement where the manufacturer typically pays the plaintiff an agreed-upon amount in exchange for dropping their claim. Verdicts involve a decision reached by a judge or jury after a trial.

Bard Settlements

Before its multidistrict litigation, Bard settled at least three cases between 2013 and 2015, compensating plaintiffs with undisclosed amounts. Once mass litigation began in 2018, Bard lost the first bellwether trial, resulting in a $3.6 million verdict for the plaintiff. It also had one case dismissed, won two trial verdicts and reached a settlement days before a fifth trial.

Following this, Bard negotiated a confidential settlement with more than 8,000 plaintiffs. As of 2024, no cases remained pending in MDL 2641. The mass litigation was closed to new cases, but people are still free to file separate, independent lawsuits.

Cook Medical Settlements

Unlike Bard, Cook Medical has not reached any notable or global settlements in IVC filter lawsuits, choosing instead to proceed to trial.

Cook Medical won the first bellwether trial in its MDL in November 2017 but lost its next two, with juries awarding $1.2 million and $3 million to the plaintiffs. Cook appealed the former case but settled out of court for an undisclosed amount. The judge in the latter case ordered a new trial.

The company has faced several appeals and reinstated cases. As of April 2024, 7,683 active Cook Medical IVC lawsuits were pending.

Boston Scientific Greenfield and Other Notable Settlements

Although there is no MDL, Boston Scientific has faced IVC filter lawsuits and followed a similar approach to Cook Medical, usually opting to proceed to trial rather than reaching settlements.

People have also filed individual IVC filter lawsuits against the manufacturers ALN, Argon, Rex Medical and CORDIS. These companies have not reached any settlements, but a jury awarded the largest IVC filter verdict to date, $33.7 million, against Rex Medical.

Based on mass tort litigation, settlements may average between $100,000 and $500,000 for significant injury cases. According to legal sources, the average settlement amount for IVC lawsuits ranges from $100,000 to $750,000. In global settlements, different tiers group plaintiffs by injury, from death to more minor complications.

The average settlement amount for IVC filter lawsuits is hard to determine, as many are undisclosed. Amounts vary depending on the manufacturer, the severity of the victim’s injuries, the strength of the evidence and other case-specific circumstances.

To qualify for an IVC filter settlement, plaintiffs must have experienced IVC filter complications or injuries, the most common being filter migration, perforation, fracture, embolization and thrombosis. Many plaintiffs also claim that IVC filter removal is difficult, so they experienced continued mental stress living with defective devices that may be too risky to remove.

Potential plaintiffs should consult a legal professional to determine if their case meets the criteria for an IVC filter lawsuit settlement. Qualifying may require medical records, expert testimony and other relevant documentation to support claims that the IVC filter caused the plaintiff’s injuries and that the manufacturer was negligent or failed to provide adequate warnings about the risks associated with the device.

What is an IVC settlement?

An IVC settlement is an agreement between a plaintiff and a defendant in an IVC filter lawsuit to resolve the case without going to trial. The defendant typically pays the plaintiff an agreed-upon amount in exchange for the plaintiff dropping their claim.

How do IVC settlements work?

IVC filter settlements typically involve negotiations between the plaintiff’s and the defendant’s legal counsel. Both sides discuss the merits of the case, the plaintiff’s injuries and the defendant’s potential liability. The negotiations may result in a mutually agreed-upon settlement amount, which the defendant then pays to the plaintiff. Once the parties reach an IVC filter settlement, the lawsuit is generally dismissed, and the plaintiff can no longer pursue further legal action against the defendant for the same claim.

Have there been big jury awards or notable verdicts in IVC lawsuits?

In March 2018, a federal jury in Arizona awarded $3.6 million to a woman who experienced complications from a Bard filter. The largest IVC filter verdict to date is a $33.7 million jury award against Rex Medical. There have been other less significant verdicts. However, as previously mentioned, verdicts and settlements are distinct outcomes. Verdicts result from a trial and settlements result from negotiations between parties.