Hundreds of plaintiffs from throughout the United States have filed lawsuits alleging that C.R. Bard and Cook Medical are responsible for injuries caused by defective IVC Filters. Published studies report that as many as 40% of the IVC Filters will fail after being implanted for only five years.
Recently, the NBC Nightly News ran a story about the fatal flaws of IVC filters. The Recovery filter, a spider-shaped apparatus that is used to prevent blood clots, is linked to at least 27 deaths and government data shows approximately 300 other non-fatal problems associated with it. To make matters worse, Part Two of the NBC News Investigation uncovered that a forged signature on FDA documents may have cleared the way for Bard to begin selling the dangerous blood-clot filters.
IVC FILTER PROBLEMS
IVC filters are small, cage-like devices that are placed in the inferior vena cava (IVC) in order to stop blood clots from reaching the lungs. IVC Filters have been approved only for the use in certain patients, but the use of IVC Filters reportedly extends far beyond the approved uses. In fact, one published study reports that as many as 50% of IVC Filters are implanted for reasons that have not been approved by the FDA.
IVC Filters started being implanted regularly in the 1990s, and the early devices had a very low complication rate. Starting in the 2000s, however, Bard and Cook made changes to their IVC Filters that led to hundreds of failure reports submitted to the FDA.
IVC Filter issues include:
- Migration of the device within the inferior vena cava causing complications;
- Fracture of the IVC Filter leading to additional surgeries; and,
- Perforation of the inferior vena cava and surrounding organs and vessels.
The reported problems can be very serious and may result in the patient undergoing an invasive procedure to remove the IVC Filter. In fact, the FDA is aware of multiple death cases that involve IVC Filter failure.
Cases are stronger when an attorney is involved early. Call and speak with one now:
IVC FILTER LITIGATIONS
As a result of the high number of lawsuits filed against Bard, and the potential for thousands of additional lawsuits, the Judicial Panel on Multidistrict Litigation issued an Order consolidating all of the lawsuits before a single judge. Plaintiffs who file their lawsuits in federal court will now be consolidated and grouped with the other lawsuits filed in federal court. This process is known as Multidistrict Litigation (MDL). However, it is possible to pursue and individual action outside of the MDL. Whether the MDL process is right for you will depend on the facts of your case.
At Meshbesher & Spence, we evaluate each case individually because we understand that each situation is unique. Contact us to discuss whether participating in the MDL or pursuing your lawsuit on an individual basis is the right strategy for your case.
You need to be aware that there are time limits to file a lawsuit after being injured by a medical device. It’s important that you contact an attorney immediately if you have been injured by an IVC Filter. For a free and confidential consultation, contact Meshbesher & Spence today at 1-888-728-9866. Remember, the lawyer you choose makes a difference.