Many recipients of the inferior vena cava filter who have experienced adverse side effects are pursuing litigation against the filter manufacturers, Cook Medical and C.R. Bard. An inferior vena cava filter (IVC filter) is a small, spider-shaped metal device designed to prevent blood clots. The IVC filter is inserted into the inferior vena cava of the heart with the intent to break down blood clots before they enter the lungs.
However, multiple recipients of the IVC filter have found serious complications with the manufacturing and side effects associated with the device. In some cases, the filter can travel through the blood stream and damage the veins and surrounding organs. Other recipients have experienced side effects including shortness of breath, chest pain, and irregular heartbeat.
Because of this, in August of 2010 the FDA released an Initial Communication that highlighted the dangers and complications relating to the long term use of IVC filters. In this statement, over 900 recipients reported complications relating to the IVC filters.
As problems relating to IVC filters continue to surface, legal claims are beginning to form against the filter’s most prominent manufacturers, Cook Medical and C.R. Bard. A major argument in the IVC filter lawsuits is the manufacturers’ lack of safety information as well as negligence in the device’s design and health hazards caused by the filter.
Currently, there is not an IVC filter class action lawsuit. However, attorneys are still filing individual lawsuits in which the plaintiffs have control over their specific case and make their own decisions in regards to settlements. Many IVC filter recipients have sued Bard and Cook for physical and emotional trauma, faulty filter design, and the overall misrepresentation of the IVC filter’s safety and effectiveness.
A collection of lawsuits against Bard has escalated into a federal multidistrict court (MDL) in Arizona where Judge David G. Campbell oversees the proceedings. Also, lawsuits against Cook have landed in Indiana federal court. In the Southern District of Indiana, Judge Richard L. Young recently scheduled three bellwether trials for 2017 all against Cook’s IVC filter. Today, a multitude of lawsuits against Cook and Bard are still pending in state and federal courts.
The fight against the IVC filter manufacturers is active and imperative. If you or someone you know has an IVC filter and has experienced complications, feel free to contact the Attorney League.