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A U.S. judge in the Ninth Circuit has affirmed a $3.6 million verdict against medical device manufacturer C.R Bard. A lawsuit alleges that C.R. Bard manufactured a dangerous clot-stopping vein filter that has the potential to break and send metal shards towards the patient’s heart—a life-threatening condition.
The court heard from the attorneys Sherr-Una Booker who had the G2 model inferior vena cava filter placed near her heart in 2007. The filter eventually broke off and required open-heart revision surgery. Booker’s lawyer argued that Bard executives were aware of the danger of their products but continued selling it without warning doctors about its risks.
The appeals court rejected Bard’s argument that the plaintiff’s Georgia state-law failure-to-warn claim—which centered on the argument that Bard didn’t disclose the potential risks about the G2 filters—was preempted by the U.S. Food and Drug Administration guidance.
The jury awarded the Booker $2 million in punitive damages and upheld the $1.6 million in compensatory damages because of the severe damages that she endured as a result of Bard’s negligence.
Plaintiff’s lawsuits allege Bard’s IVC filters are more dangerous than other manufacturers because of their fundamental flaws.
The IVC filter failures included:
Research backs up claims that Bard’s filters have a greater chance of perforation, tilting, fracture, penetration, and migration than its competitors. Many patients allege if they had known the risks associated with Bard’s IVC filter, they would have opted for an alternative treatment plan.
Inferior Vena Cava filter is a metal, cage-like device that protects patients from pulmonary embolisms. They are inserted in the patient’s inferior vena cava, a large vein in the bottom abdomen through which blood travels from the lower body to the heart.
Bard’s IVC filters are implanted in patients to catch dangerous blood clots traveling to the patient’s heart. Although the G2’s label noted the risks of migrating, fracturing, or perforation, data shows that Bard’s had much higher rates of malfunction than those from competing filters and Bard didn’t disclose that on its label.
Complications that arise from IVC filters can have an emotional or physical impact on your life. Depending on the type of compilation, many patients may experience immediate pain or no immediate symptoms.
However, in some instances, the side effects can be painful and dangerous. Some of the complications that can arise from the filter include device penetration, fracture, migration, and eventual blood vessel narrowing with risk of blood clots and leg swelling. Most IVC filters won’t result in complications after short times, but the risk of complications increases the longer the filter remains implanted.
When speaking to one of our attorneys, they will want to know what complications you’ve experienced from your IVC filter.
Every state has its own time limit to bring up a claim for IVC filter. If you or a loved one has an IVC filter injury it is important to seek a skilled IVC filter lawyer as soon as possible. One of our personal injury attorneys will be able to speak to you to understand your case and make sure that you have a team on your side. Our firm will make sure that we do everything in our power to help you pursue