A jury has found that a woman who suffered severe injuries as a result of a IVC filter is entitled to a significant award. The total of the IVC filter lawsuit awards amounted to $2 million in the case considered to be a bellwether.
Unfortunately, many consumers have come forward with complaints about serious side effects associated with IVC filters which were marketed as extremely safe devices intended for long term use.
A Phoenix federal jury, however, in the most recent of IVC filter lawsuit awards gave a woman $2 million dollars in compensatory damages because of the finding that the device maker was responsible for 80 percent of the harm caused when the clot blocking vein filter broke apart inside her body.
This bellwether case was an important one for future IVC filter lawsuit awards as there are many consumer cases currently being filed or in process, holding companies like Bard accountable for allegedly defective devices.
The punitive damages phase of that case was to begin immediately after the IVC filter lawsuit awards portion. The 37-year-old plaintiff who received a Bard G2 filter ultimately experienced it breaking apart inside her inferior vena cava. The other 20 percent of the blame in the lawsuit fell to the radiologist who failed to flag the broken filter piece in 2009. Bard had previously argued that the surgeon who performed in the 2014 procedure to remove broken filter pieces from the plaintiff’s body was accountable.
This was only a partially successful surgery, however, the jury identified that this was not a cause of injury to the plaintiff as had previously been argued. The Bard G2 filter as explained in the paperwork associated with the IVC filter lawsuit awards did not have to undergo the comprehensive clinical testing before approval because it was submitted through the FDA’s 510(k) program.
The 510(k) program operated by the FDA allows manufacturers to receive fast track approval for devices that are allegedly substantially similar to something else that is already on the market.
Unfortunately, as many IVC filter lawsuit awards share, the complications associated with an IVC filter implantation can last for many years and may not be noticed by the patient until months or years after the initial surgery to add the IVC filter.
The IVC filter may break down inside a patient’s body and cause significant side effects and pain.
Any patient who suffers through unexpected IVC filter side effects could have grounds to pursue a lawsuit against the manufacturer. A rising number of legal claims purport that the companies making these devices knew about the risks of breakdown and malfunctions but failed to disclose these details.
Any defective medical device lawsuit is likely to include claims of negligence on the part of the manufacturer that may be associated with serious damage or medical conditions the patient developed as a result of use.
If you or someone you know has already been hurt because of IVC filter complications, support from the lawyers at McDonald Worley may be the only way to get the help you need.
Disclaimer: McDonald Worley is not representing the plaintiff in this lawsuit.