Filing an individual lawsuit or participating in a class-action lawsuit is an option that many people use when they have been harmed in some manner in an accident or by a defective product. Consumers expect that when they use a product or receive medical treatment they will benefit and not have to worry about product safety. Manufacturers of products are expected to do testing, quality control and live up to a standard of duty to produce items that are safe to rely on when used.
Unfortunately, safety is not always the result when products are used. Any flaw in design, manufacture, installation or recommended usage can result in harm or death to the consumer. This is the situation with recent IVC Filter lawsuits. Inferior vena cava filters (IVC Filters) are a medical product designed to help prevent blood clots in post-surgical patients or others who have suffered trauma that might result in dangerous bleeding and clotting.
When a patient is prone to deep vein thrombosis (DVT) or pulmonary embolism (PE), they may have an IVC Filter implanted to prevent dangerous or life-threatening clots from reaching the heart, lungs, brain or other organs. In the early 1930s and 1940s, the remedy for this problem was surgical intervention by clipping the IVC vein or open surgical femoral vein ligation. Blood thinners are used to help many patients avoid blood clotting problems, but some people cannot tolerate those drugs. The IVC Filter is particularly recommended for use to help those patients because it is a type of blood thinner also, as it catches blood clots that might otherwise cause harm or death.
The development of modern IVC Filters began around 1969, with later improvements by 1973. In more recent years these improvements allowed placement of filters to be done with less risk and more ease. Today, most IVC Filters are merely inserted into the large neck or groin vein by using a thin catheter that encloses the filter within until it is moved into proper placement within the inferior vena cava. When the time is right, retrievable IVC Filters are removed in the same manner. There is a hook at the top of the device that can be caught by another hook within a thin catheter, the device collapses and is pulled back into the catheter and removed in that manner.
IVC Filter Lawsuits
Problems have been plentiful enough to allow for several class-action lawsuits to be filed in several state courts, in addition to many individual lawsuits filed by injured patients or families of patients who died after receiving IVC Filters. The first lawsuits were filed in California, in 2012. The FDA had issued warnings about retrievable filters in 2010, indicating the devices could present risks due to device fracture or migration and organ perforation. The warning also stated that the IVC Filters should be removed shortly after implantation, around days 29 to 54. This warning was too late for hundreds of harmed patients, and they began filing lawsuits across the country.
Claims made by participants in these lawsuits include the following issues:
- Negligence by manufacture, misrepresentation and hiding data
- Failure to warn consumers of danger
- Product failures – fragmentation of metal into shards that puncture veins and organs
- Defects – product can migrate from placement, product does not perform as promised
- Economic claims – medical expenses, care and therapy, work loss, disability, need for additional surgery
- Non-economic claims – pain and suffering, loss of companionship/consortium, loss of normal lifestyle, disfigurement, emotional and mental stress, anxiety
- Wrongful death
By 2012, lawsuits were filed against manufacturer C. R. Bard in California and Pennsylvania state courts. Lawsuits against Cook Medical were consolidated into a multidistrict litigation in Indiana in 2014. By 2015, a case against C.R. Bard by Kevin Phillips was settled 10 days after the trial started. The high number of variables and extent of potential personal injury damages that comprise these lawsuits are still being revealed as new lawsuits are filed.
Lawyer Help for IVC Filter Lawsuits
Getting compensated for your injury claims can be a difficult procedure, which is exactly why it is most beneficial to obtain an experienced Personal Injury Lawyer for help with IVC Filter lawsuits. An experienced litigator with a strong track record of success winning IVC Filter lawsuits is your best choice when you need legal assistance and representation. Personal Injury Lawsuits are not always clear-cut and simple to understand, but they are a most common form of legal action.
An experienced IVC Filter Attorney will know how to present a strong case at settlement negotiations or in courtroom litigation. They also will know if there are any class-action lawsuits that you may be eligible to join. Some class-action lawsuits are still forming, such as one that would include a class of people who deserve to be compensated because their IVC Filter problems will require future medical monitoring expenses. This lawsuit involves claims that even when the Bard filters had not yet migrated or fractured, patients who received them must continue to have medical monitoring due to that manufacturer’s negligence, misrepresentation and concealment of important data.
IVC Filter Attorney
Your IVC Filter Attorney will want you to bring in all records of treatment, bills and other items related to the problems you are having with this medical product. If a loved one died following use of an IVC Filter, it may have contributed to that event and as their survivor, you may be able to obtain compensation to pay for medical expenses, as well as funeral and burial costs. Personal Injury lawsuits generally involve a charge of negligence, and there is ample evidence to support that claim already available.
Navigating the legal system is not simple, which is why you are best served by a qualified and experienced IVC Filter Attorney to pursue fair compensation for this issue. Time may be a factor in your success; contact our Personal Injury Attorney today. Start with a free consultation to determine your best course of action.
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