Unfortunately, these numbers are not known just yet. However, our injury lawyers are very experienced in negotiating and settling mass tort litigation cases. When negotiating and settlement time comes, we will aggressively pursue blood clot filter settlements for our clients who are entitled to financial compensation due to problems caused by the medical devices.

Bard IVC filter cases, as well as Cook IVC filter cases, are currently being reviewed for persons who have endured major and often potentially life-threatening complications, such as the following:

  • Puncture in an internal organ, vein, or artery
  • Fragmented, fractured, or broken filter components
  • Tilting or movement/migration of the filter
  • Difficult removal of the IVC filter
  • Damage and/or injury to the lungs, heart, or other organs
  • Wrongful death

Our firm is skilled in the investigation of potential IVC filter injury cases, and we are adept at handling these cases anywhere in the United States. Many claims have alleged that the manufacturers of the devices neglected to sufficiently inform and provide proper warning regarding the potential risks of the defectively designed IVC filters.

Some individual state court cases have reached settlements. However, the manufacturers have not offered a mass settlement for the majority of injured parties at this time. Therefore, many complaints have been filed in courts across the U.S. over the past few years and a number of centralized pre-trial proceedings have been created.

It is our firm’s belief that manufacturers will eventually be required to pay significant financial compensation to close these cases, but there is still much work to be done in the IVC filter litigation.

Anticipated Factors To Be Considered In IVC Filter Settlement Negotiations

The negotiation process to settle mass tort litigations, like the IVC filter litigation, is typically based upon what a particular jury may choose to award each individual plaintiff if the case did in fact proceed to trial.

A determination of the amount of damages a particular plaintiff could be entitled to receive may be based on multiple common factors that a jury might consider, such as the following:

  • The severity and total duration of the injury from the IVC filter
  • The overall effect that the IVC filter injury had on the patient’s mental and physical well-being
  • Pain and mental anguish suffered / Possibility of pain and mental anguish in the future
  • Past or future medical expenses initiated by IVC filter complications
  • Lost wages
  • Loss of earning ability

Any and all losses suffered by the surviving family members in an IVC filter wrongful death suit will be taken into account, including the loss of affection and social contact, etc.

As pretrial proceedings have now been established for Bard IVC filter lawsuits as well as the Cook IVC filter lawsuits, we have seen and will continue to see bellwether trials. These trial experiences are used to gauge how individual juries might respond to testimony and evidence that will invariably be seen again and again throughout these types of trials.

During trials, jurors will consider the nature of any IVC filter injuries, as well as the severity and financial impact of the injury on the plaintiff.

Bellwether trial results will not be binding upon other cases, and as such, they stand to be highly influential for potential major settlements reached by IVC filter manufacturers in an attempt to avoid small jury trials across the United States.

How To Know If You Have An IVC Filter Injury Case

Our firm provides free consultation and case evaluations to assist families and individuals in determining whether they are potentially eligible for a settlement and/or compensation for injuries caused by IVC filters. If the decision is made to sue for damages, our firm’s attorneys work on a contingency fee agreement, and as such there will never be any fees or even expenses billed to you unless we win a settlement or other recovery for your case.

Fenstersheib Law Group, P.A. - Hollywood, FL


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