The victim of a defective C.R. Bard IVC filter has been awarded a total of 3.6 million dollars in combined compensatory and punitive damages by an Arizona federal jury. The IVC filter broke inside of the plaintiff’s body, eventually requiring life-saving surgical intervention. Having negligently failed to warn the plaintiff and her doctors of the many previously reported complications with these IVC filters, Bard was found 80 percent liable for the plaintiff’s damages. The jury assigned 20 percent of the fault to a radiologist who failed to identify a broken piece of the filter on radiographs from year’s prior. In assigning these percentages, the jury rejected Bard’s argument that the surgeon who was unable to remove all of the broken filter pieces from the plaintiff’s body should be held partially liable for the cause of the injury.
The plaintiff, in this case, is not alone. There are over 3,600 cases pending in the multidistrict litigation consolidated in the District of Arizona. Given the volume of claims against Bard, a series of test cases (also referred to as “bellwether trials”) will be carried out over the next several months in an attempt to gauge the strengths and value of the plaintiffs’ cases. Injuries by IVC filters will almost certainly result in medical bills, loss of earnings, loss of earnings capacity, pain and suffering, mental anguish, and/or physical impairment. If you or a loved one has been injured by an IVC filter, you may be eligible to obtain compensation for your damages. Do not hesitate to call us for a free consultation.