IVC filters were developed to help protect people from life-threatening complications caused by blood clots. However, there are now more than 6,000 IVC filter lawsuits filed because of serious and deadly consequences that patients and their families experienced as a result of this medical device. According to an article published on the National Institutes of Health website, the complications can result in death.
Complications That Caused IVC Filter Lawsuits to Be Filed
Over 50% of complications involve migration or embolization of fractured devices. When migration of an IVC filter happens, it means that the filter moves from its implanted location to another area. This includes moving to the heart or into another organ. As it moves through the body, it can cut into anything that it comes into contact with. Essentially, the IVC filter that was supposed to stop an embolism becomes one as it travels through the body.
IVC Filter Lawsuit Claims
In addition to asserting that patients experienced serious injuries and that some patients died, IVC filter lawsuit claims generally include one or more of the following:
- Design defect. This means that the plaintiff alleges the IVC filter is dangerous because of how it is designed. An investigative article published by NBC in 2015 alleged that one IVC filter manufacturer knew their product was dangerous, but never took it off the market.
- Manufacturing defect. This means that the plaintiff alleges that the IVC filter is dangerous because of how it was made.
- Breach of implied warranty of a medical device. When people agree to have an IVC filter implanted, they do so because they believe that it will help protect them from an embolism. So, when the medical device itself becomes a problem, there’s the possibility that there was a breach of implied warranty related to the use of the medical device.
- Negligence. Plaintiffs allege that the manufacturer and the marketers responsible for the IVC filter were negligent in explaining the possible dangers associated with the product.
Most IVC Filter Lawsuits Are Filed Against C.R. Bard
While there are IVC filter lawsuits that name various manufacturers, C.R. Bard is named in most of the lawsuits as a defendant. This is because there are reports that show Bard likely knew about the risks of their product before they ever put it out on the market. Kay Fuller, a regulatory specialist, was hired by C.R. Bard to help with FDA approval after it was denied in 2002. Ms. Fuller informed the company of the issues after she reviewed data from clinical trials. She refused to sign the application for the FDA, but her signature still appeared on the application. Fuller told NBC it was not her signature.
Despite knowing the issues with the device, C.R. Bard took the product to the market. After hundreds of complaints and 27 deaths, they pulled one of their IVC filters and issued a replacement that, sadly, had the same dangerous and deadly side effects.
Bellwether Trials, MDL, and Class Action IVC Filter Lawsuits
If you or someone you love was hurt or killed from an IVC filter, you may have a claim for an IVC filter lawsuit. There are bellwether trials, MDLs, and several class actions pending against manufacturers. To learn more about your potential claim, contact Goldwater right away for your free case review.