Injured by an IVC Filter in Nevada?
How to file a lawsuit

Patients harmed by broken IVC filters in Nevada may be able to sue the device's manufacturer for negligence and recover sizeable compensatory damages for:

IVC filter victims may sue for negligence in Nevada within two (2) years of the date of the injury. IVC filters that break can lead to horrific injuries including punctured organs, embolisms, strokes, and possibly death.

In this article, our Las Vegas personal injury attorneys answer frequently-asked-questions about IVC filter lawsuits in Nevada, including negligence claims, standards of proof, and statutes of limitations. Click on a topic to jump to that section:

Inferior vena cava filter
Patients harmed by IVC filters in Nevada may be able to recover substantial compensatory damages including pain and suffering.

1. What can I do if I got injured by an IVC filter in Las Vegas, Nevada?

Patients who suffered from internal bleeding or punctured organs following an IVC filter insertion may be able to sue the device's manufacturer (the defendant) for negligence. Plaintiffs in negligence lawsuits have to show four things in order to win:

  1. The defendant(s) owed the plaintiff a duty of care;
  2. The defendant(s) breached this duty;
  3. This breach caused the plaintiff's injury; and
  4. This injury resulted in damages.[1]

A negligence lawsuit against the IVC filter's manufacturer would allege that:

  • Tthe manufacturer was negligent in designing the device because it causes a disproportionately high number of failures.
  • The manufacturer did not warn physicians or patients about the elevated risks of the IVC filter breaking, which in turn causes its metal pieces to travel through the blood stream and possibly harm organs.
  • The manufacturer concealed its research which showed that the IVC filter had problems.
  • The manufacturer's FDA application contained a forged signature.

Consequently, plaintiffs would argue that these breaches in duty caused their injuries.[2]

1.1. IVC filter injuries

Ct showing ivc filter fracture

IVC filters injuries occur when the device gets dislocated and/or breaks apart. Pieces from the metal device then snake through the blood stream, which may puncture veins and organs and cause internal bleeding. IVC filters have even caused blood clots at the site where the device was originally implanted.

When IVC filter pieces travel to the lungs or the heart, patients may experience a host of serious medical events such as hemorrhaging, pulmonary embolism, stroke, or even death. Typical symptoms of these injuries include confusion, lightheadedness, nausea, shortness of breath, pain in the neck or chest area, chronic pain, hypotension, and irregular heartbeats. [3]

2. What money can I get if I am injured by an IVC filter in Las Vegas, Nevada?

People injured by IVC filters may be able to recover compensatory damages for:

  1. All doctor- and hospital-related bills,
  2. Pain and suffering,
  3. Lost wages,
  4. Loss of future earnings, and/or
  5. Punitive damages (if applicable)

If the victim died, his/her family may be able to bring a wrongful death claim to recover money for medical expenses, loss of contributions, funeral expenses, and pain and suffering.

3. Whom can I sue for my IVC filter injuries in Las Vegas, Nevada?

Victims may be able to sue the IVC filter's manufacturer, C.R. Bard.

4. How do I prove an IVC filter claim in Las Vegas, Nevada?

Plaintiffs in negligence lawsuits in Nevada have to prove that it is more likely than not that the defendant was negligent. This standard of proof is called, "by the preponderance of the evidence." Therefore, evidence that typically figures into IVC filter suits include:

Radiograph showing ivc filter fracture
  • The plaintiff's medical history and records
  • Expert medical testimony drawing a causal connection between the IVC filter and the victim's injuries
  • Marketing materials and labels that show the defendant omitted key information warning physicians and patients of possible hazards

Learn more about proving negligence in Nevada.

5. When can I sue for my IVC filter injuries in Las Vegas, Nevada?

Victims have a two (2) year window following their injury to bring a negligence lawsuit.[4]

6. What are IVC filters used for?

The purpose of IVC filters is to catch clots while still in the bloodstream so they do not enter the brain, heart, kidney or lungs. Patients with an elevated risk of experiencing pulmonary embolism but who could not take anticoagulants had the filter implanted into their inferior vena cava (IVC).[5]

6.1. Las Vegas hospitals that perform IVC filter surgery

Some medical facilities that perform or have performed IVC filter procedures in Las Vegas include:

7. Have IVC filters been recalled?

In small part. Bard implemented a Class 2 Device Recall for the Denali IVC Filter in 2015. These devices did not have critical label information regarding patients with serious sepsis and nickel-titanium alloy sensitivity.

And in 2010, the FDA issued a warning about how long-term risks of IVC filters include “lower limb deep vein thrombosis [DVT], filter fracture, filter migration, filter embolization, and IVC perforation.” Therefore, the FDA recommended that doctors remove IVC filters right after pulmonary embolism ceases to be a risk.[6]

8. IVC filter resources

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Call our Las Vegas personal injury attorneys at 702-DEFENSE for a FREE consultation.

Call a Nevada personal injury attorney...

Have you suffered injuries after having an IVC filter in Nevada? Our Las Vegas personal injury attorneys can sue for financial damages to cover all your expenses, including suffering and lost earnings. Give us a call at 702-DEFENSE (702-333-3673) for a FREE consultation. We do not get paid unless you get paid.

Legal References:

  1. See, e.g. Scialabba v. Brandise Const. Co., 112 Nev. 965, 921 P.2d 928 (1996).
  2. See Stephanie Gosk and Tim Sandler, Why Did Firm Keep Selling Problem Blood-Clot Filters? NBC (December 31, 2015); Stacey Naggiar, Stephanie Gosk, and Tim Sandler; Did Forged Signature Clear Way for Dangerous Blood-Clot Filter? NBC (September 4, 2015).
  3. See Jeffrey E. Hull, Scott W. Robertson, PhD, Bard Recovery Filter: Evaluation and Management of Vena Cava Limb Perforation, Fracture, and Migration, Journal of Vascular and Interventional Radiology, Volume 20, Issue 1, Pages 52–60, (January, 2009)
  4. NRS 11.190.
  5. Johns Hopkins - IVC filter information.
  6. FDA warning letter to C.R Bard; Class 2 Device Recall The Greenfield Vena Cava Filter; Class 1 Device Recall OptEase Vena Cava Filter; Class 1 Device Recall Greenfield Vena Cava Filter System.

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