Bard has manufactured many types of inferior vena cava (IVC) filters that are currently the subject of recalls and mass tort litigation for alleged defects. If you have been injured by a Bard IVC filter, you may be eligible to recover damages through an IVC filter lawsuit.
- 1. General information
- 2. IVC filter products
- 3. Defects
- 4. Recalled IVC filters
- 5. IVC filter lawsuits
- 6. Compensation for injuries
- 7. Seeking legal counsel to sue
Also known as C.R. Bard, Bard is a century-old corporation that produces medical devices. It has plants on four continents: North America, Europe, Asia, and Australia.
Currently Bard is headquartered in Murray Hill, New Jersey and employs about 14,000 people. The general phone number is (201) 847-6800.
Currently, Bard produces the following IVC filters:
- DENALI Vena Cava Filter
- SIMON NITINOL Vena Cava Filter
In the past, Bard has produced the following filters:
- G2 X
IVC filters are made of metal alloys and resemble a spider. Its “legs” are designed to keep the filter in place inside the vein and to prevent existing blood clots from traveling.
The central alleged design defect of Bard’s inferior vena cava filters is that some may fracture and/or migrate throughout the patient’s body. Not only does compromise the IVC filter’s efficacy in managing blood clots. The broken pieces can also perforate and lodge into veins and other organs, causing serious injury and possibly death.
In addition, Bard allegedly forged a signature of an in-house regulatory specialist that was necessary to get FDA approval for a filter. This specialist has stated that she did not sign the FDA application precisely because of concerns about device safety.1
The FDA temporarily recalled Bard’s Denali filter in 2015 for labeling problems. That same year, the FDA issued a warning letter that claimed Bard:
- never corrected violations at their Tempe, Arizona, and Queensbury, New York, facilities,
- failed to report when its filters malfunctioned in a way that could result in major injury or a fatality,
- did not properly file complaints from patients, and
- marketed a filter before getting approval
Learn about removing IVC filters from patients.
Victims of inferior vena cava filter injuries may be able to sue Bard for the following claims:
- defective product (product liability), and/or
- failure to warn (marketing defects)
Thousands of the lawsuits against Bard alleging defective filters have been temporarily consolidated into the following MDL (short for multi-district litigation).
- Bard, MLD no. 2641, in the District of Arizona Court (2:15-md-02641-DGC)
MDLs increase efficiency because they allow one judge to make pretrial rulings for all the individual cases. Meanwhile, the judge lets a few of the plaintiffs go to trial as “bellwethers.” The results of these bellwether trials help both sides determine how to proceed and whether to settle.
So far three Bard MDL bellwether trials have concluded. Two did not find Bard liable for the plaintiffs’ injuries:
- Doris Jones v. C R Bard (regarding an Eclipse filter) on June 1, 2018; and
- Lisa Hyde v. C R Bard (regarding a G2X filter) on October 8, 2018
But one bellwether trial did find Bard liable in a verdict the plaintiff for $3.6 million:
- Sherr-Una Booker v. C R Bard (regarding a G2 filter) on April 24, 2018
One more bellwether trial is forthcoming:
- Tinlin v. C R Bard (regarding a Recovery filter), scheduled for May 2019
Once the final bellwether trial is concluded, both sides will probably negotiate for a global settlement to settle all the cases.
Patients who sustained injuries from a defective IVC filter can file a claim against the medical manufacturer in attempt to recover compensation for:
- medical bills,
- pain and suffering,
- lost wages,
- lost earning capacity, and
- other out-of-pocket costs
And if the case goes to trial, the jury could even impose “punitive damages” against the medical manufacturer as punishment for their actions. However, the majority of cases settle without a trial.
Every state has its own IVC filter statute of limitations (time limit) for bringing a claim. Therefore, anyone with IVC filter injuries should look for a skilled IVC filter lawyer as soon as possible. The attorney will discuss all the available legal options and how best to proceed.
At Shouse Law Group, our personal injury attorneys have extensive experience in all types of personal injury cases, including defective medical devices. For a free consultation, contact us today.
- Stacey Naggiar, Stephanie Gosk, Tim Sandler, “Did Forged Signature Clear Way for Dangerous Blood-Clot Filter?” NBC News (September 3, 2015).