2019 Outcomes In IVC Filter Cases Could Affect Litigation In The Future


Removable IVC Filters, have been the target of massive litigation recently. There are currently over 10,000 IVC Filter cases still pending in courts all across the United States. Many more cases are still expected to be filed.

Over the past year, several trials have been held. , in which each of the primary IVC Filter manufacturers were hit with very substantial jury verdicts, totaling a combined nearly five million dollars. However, both companies have also managed to win defense verdicts in previously tried cases. Additional IVC filter trials are scheduled throughout 2019 and these should prove quite interesting, as far as the future for IVC Filter cases.

Present IVC Filter Litigation

Thousands of people have claimed that IVC filters cause injuries. Currently, negligence is the most serious accusation against C.R. Bard. Evidence shows that the company most likely knew about the risk of injuries associated with the IVC filter before selling it to the public.

In 2016, plaintiffs filed to seek class-action certification and as of March 2019, there are nearly 7,000 remaining actions pending against C. R. Bard in the ongoing multi-district litigation. The Bellwether trials are still in progress.

In 2003, the FDA approved what is called the Cook Gunther Tulip IVC filter for both temporary and permanent placement. As of February 2019, there are over 5,000 cases that remain pending against Cook Medical, alleging design defects and that the company failed to warn both doctors and patients of the risks of these filters.

IVC Filter Settlements before March of 2019

IVC lawsuits are progressing to the point that there may be the possibility of a global settlement. If you have been waiting to file an IVC claim, now is the right time to bring it forward.

On May 24, 2018, a jury awarded a firefighter in Texas over a million dollars, finding that Cook did not properly warn the plaintiff’s surgeon of the risks involved with the placement of the IVC filter.

In April 2018, a jury in Arizona awarded nearly four million dollars, two million of which were punitive damages for the purpose of punishing C.R. Bard for its negligence in designing and releasing these filters. This decision is expected to aid in increasing the settlement value of all remaining IVC lawsuits.

The recent loss of an IVC filter case in Arizona federal court last year temporarily put a damper on some of the hope of the victims and their attorneys. However, in February 2019, an Indianapolis jury awarded three million dollars to a plaintiff who suffered a cardiac injury as the result of an IVC filter manufactured by Cook. Hope is not lost.

Over 6,000 IVC filter lawsuits have been filed since January of 2019 and C.R. Bard has already begun settling some of these IVC filter device cases.

IVC Lawsuits Latest Status

One IVC filter case involves a Florida woman whose doctors were not able to remove her filter. Three years later, she continued to suffer severe gastrointestinal symptoms. Her physicians found that her IVC filter had managed to puncture her vein and embed itself in her intestine. This risk was not warned to the patient or to the surgeons who implanted the device.

Attorney Robert Fenstersheib

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