IVC Filter Injury Problems
Patients who have a high probability of developing a potentially fatal blood clot, may be implanted with an IVC (Inferior Vena Cava) filter. There are permanent IVC filters as well as retrievable IVC filters. Both types of filters are inserted into the largest vein in the body to trap blood clots. Unfortunately, the retrievable, or removable IVC filters have been associated with serious medical issues, perhaps primarily because the filters are not removed as they should be. The IVC filter resembles a small metal cage with tiny spider legs.
Although anticoagulant drugs are actually the first choice over IVC filters, patients who cannot take the drugs, as well as trauma patients, are among those typically implanted with a retrievable IVC filter to prevent blood clots. It is estimated that by 2012, more than 259,000 IVC filters were implanted in patients, with the primary manufacturers of these IVC filters being Cook Medical and C.R. Bard. Some of the most common—and most serious IVC filter problems include:
· Organ perforation;
· Infection near the device;
· Breakage or fracturing of the IVC filter;
· Deep vein thrombosis;
· Filter migration to another part of the vena cava, the heart, or other organs;
· IVC filter blockage, causing swelling in the legs;
· IVC filter embolization.
IVC Filter Injuries: Legal Action
There are currently more than 1,000 lawsuits filed against manufacturers of IVC retrievable filters. The first IVC filter injury lawsuits were filed against Bard in 2012 in California and Pennsylvania state courts. U.S. District Judge Richard L. Young, in the Southern District of Indiana, chose the first bellwether cases from the hundreds of Cook IVC filter injury lawsuits consolidated into an IVC Filter multidistrict litigation. These bellwether IVC filter injury trials were scheduled for later in 2017. The plaintiffs in the chosen bellwether trials suffered injury from the Cook Celect and the Gunther Tulip filters.
The first IVC filter injury lawsuit to be heard will be that of Elizabeth Jane Hill, of Florida. Hill alleges an IVC filter became imbedded in her intestine, puncturing a vein and causing “persistent, severe gastrointestinal symptoms,” including abdominal pain, fatigue, vomiting and diarrhea. The outcome of the bellwether IVC filter injury lawsuits—which are representative of the majority of the IVC filter cases—can help attorneys on both sides determine how a jury will react to evidence presented in a trial. The jury verdicts in bellwether cases can influence the likelihood of a global settlement down the line.
If you have been injured from an IVC filter you may be considering filing an IVC filter severe bleeding injury lawsuit, an IVC filter stroke injury lawsuit, or an IVC filter pulmonary embolism injury lawsuit. If so, it could be extremely beneficial for you to speak to a knowledgeable IVC filter injury lawyer about your potential case. Once you have all the information you need, you can make an informed decision regarding whether to file an IVC filter injury lawsuit.
IVC Filter Multidistrict Litigation
The U.S. Judicial Panel on Multidistrict Litigation consolidated lawsuits against Cook from 11 districts to an MDL in the Southern District of Indiana in October 2014. Since that IVC filter multidistrict litigation was filed, the number of lawsuits against Cook has increased to several hundred. Later, in August 2015, the U.S. Judicial Panel on Multidistrict Litigation consolidated IVC filter injury lawsuits against Bard into an IVC filter multidistrict litigation in Arizona.
Aside from the IVC filter multidistrict litigation, there are many additional IVC filter injury lawsuits pending in federal and state courts. There are also at least three class action IVC filter injury lawsuits which are ongoing, however class action lawsuits often force plaintiffs to take much less in their settlement, while paying higher attorney’s fees, than an MDL. The IVC filter multidistrict litigation cases for C.R. Bard and Cook have reached more than 1,600.
IVC Filter Injury Lawsuits
C.R. Bard settled an IVC filter injury lawsuit in February 2015, just ten days after the beginning of the trial. Kevin Philips, alleged a piece of his Bard Recovery IVC filter broke away inside his body, then the tiny metal spider leg made its way to his heart, perforating the heart, and forcing him to undergo open heart surgery. Other plaintiffs are alleging IVC filter severe bleeding injuries, IVC filter strokes, and IVC filter pulmonary embolisms. Many of the IVC filter injury lawsuits make claims of failure to warn, breach of implied warranty, negligence, design defects, manufacturing defects and negligent misrepresentation on the part of the manufacturers.
IVC Filter Wrongful Death Lawsuits
It is believed that at least 27 people in the United States have died as a result of an IVC filter problem. Some of those implanted with an IVC filter died when a strut from the filter broke away, embolizing to the heart. Since this is not the way the filter should work in the body, there are legitimate claims for IVC filter wrongful death lawsuits. Every state has statutes of limitations which govern the amount of time the family of a person who was killed by a defective medical device.
The statute of limitations says that the wrongful death lawsuit must be filed within a certain number of years of when you knew-or should have known-that your injuries were the result of negligence by the manufacturer or a defect in the product. If you do not bring your IVC filter lawsuit within the amount of time granted under the statute of limitations, then you could be forever barred from filing a lawsuit or receiving a settlement from the manufacturer.
IVC Filter Injury Lawsuit Attorneys
If you or a loved one were injured by an IVC filter, and believe you are entitled to file an IVC filter lawsuit, it could be extremely helpful to speak to an experienced IVC Filter Injury Attorney. We have qualified, experienced legal representatives who can help you determine whether a lawsuit is in order, and who will aggressively pursue your claim while protecting your life and your future. Having an experienced IVC filter injury lawyer by your side from the very beginning can make the legal process much less daunting.