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With over 1,000 FDA reported side effects, multiple IVC FIlter lawsuits have been filed by patients.

Has your IVC Filter failed and caused you harm?
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Frequently Asked

FAQ's about Bard and Cook IVC Lawsuits
1. Why are patients filing IVC lawsuits against Bard and Cook Medical?

Bard and Cook Medical are the two largest manufacturers of Inferior Vena Cava blood clot filters. Recent studies have shown that around 1 in 3 of these filters may fail, causing damage to veins, the heart or lungs.

So far, the FDA has received over 1,000 reports of patients suffering complications from their IVC devices, and at least 27 have died. Also, a report by NBC News found that Bard may have known about these risks for years, but concealed them from the public.

2. How do you qualify for an IVC lawsuit?

Lawyers are investigating lawsuits for anyone that received an inferior vena cava filter implant who suffered:

  • Breakage or movement of the IVC Filter
  • Perforation of the heart, lung or veins
  • Chest Pain or shortness of Breath
  • Heart blockage
  • Irregular heartbeat

Simply contact DrugNews to learn more and talk with a lawyer today.

3. Is there an IVC filter class action lawsuit?

There is no IVC class action lawsuit. Instead, lawsuits have been filed separately against C.R. Bard and Cook Medical on behalf of patients injured by those filters. Lawsuits against Bard were recently consolidated in a special federal multidistrict court in Arizona, while those against Cook have been joined in an Indiana federal court.

While these federal MDL courts offer many of the advantages of a class action case, plaintiffs still have control over their individual case, like selecting counsel and decisions on settlement.

4. How much are IVC filter cases worth?

Every case has its own unique value which is dependent on the specific facts, degree of injury suffered and the amount of medical treatment required.

So far, the only IVC lawsuit that reached trial was settled confidentially by Bard after only 10 days of hearings. Since then, the cases have been consolidated to allow for quicker handling and settlement.

5. What is involved in filing a claim? How long will it take me?

Filing an IVC lawsuit is simple. You can speak with a lawyer today to see if you qualify, then they will order medical records to begin building your case. It can take up to a year or so for your case to reach trial or a settlement. However, it is very unlikely you will have to travel anywhere and it costs you nothing unless you receive compensation.

A detailed look

IVC Filter Lawsuits
Phillips V. C.R. Bard, Inc., Et Al

In 2012, Kevin Phillips filed a lawsuit against C.R. Bard in Nevada federal court alleging that he suffered serious injury due to the malfunction of his Recovery inferior vena cava filter. According to court documents, Phillips was implanted with the filter in 2005, and began having problems in April 2010 when the device broke, sending a piece of metal into his heart.

Mr. Phillips reportedly underwent open-heart surgery to remove the broken IVC piece, as well as an extended period of recovery in the hospital. Trial in the Phillips case began in January of 2015. However, after only 10 days, C.R. Bard agreed to a confidential settlement in order to avoid continued litigation.

The case is Phillips v. C.R. Bard, Inc., et al. District of Nevada, Case No.: 3:12-cv-00344-RCJ-WGC (2012).

IN RE: Bard IVC Filters Products Liability Litigation

In August of 2015, the Judicial Panel on Multidistrict Litigation consolidated approximately 50 lawsuits against C.R. Bard alleging injury from defective IVC filters to a multidistrict litigation court in the Arizona federal district under U.S. District Judge David Campbell.

The number of cases is expected to grow into the hundreds before all trials are conducted or until Bard agrees to a mass settlement with victims. The case is known as MDL 2641, IN RE: Bard IVC Filters Products Liability Litigation.

IN RE: Bard IVC Filters Products Liability Litigation

In October of 2014, the JPML consolidated over 100 cases against Cook Medical alleging IVC device injury into a multidistrict federal court in the Southern District of Indiana under Judge Richard Young. The MDL includes claims for injuries caused by the Cook Celect and Gunther Tulip IVC filters.

At present, there are at least 117 cases pending, with the first bellwether trials or settlement negotiations expected in 2016. The case is known as MDL 2570, IN RE: Cook Medical, Inc., IVC Filters Marketing, Sales Practices and Products Liability Litigation.

Assistance is available. Speak with a patient advocate today.

The Timeline

IVC Filter Lawsuits
JUN 2005

Study from the New England Society for Vascular Surgery indicates almost 32% of Bard Recovery IVC filters could suffer metal arm fracture.

NOV 2008

JVIR study shows up to 36% of Bard Recovery IVC filters could break, with the metal pieces migrating toward the heart or lungs in 1 out of 5 patients.

NOV 2010

Study published in Archives of Internal Medicine is first to record the failure rate of the new Bard G2 filters. 12% suffered metal arm breakage, with the fragments traveling into the heart in 4%.

OCT 2014

Growing number of lawsuits alleging injury from Cook Medical IVC filters are consolidated to the Federal District Court of Southern Indiana.

OCT 2014

Growing number of lawsuits alleging injury from Cook Medical IVC filters are consolidated to the Federal District Court of Southern Indiana.

FEB 2015

Parties reach a confidential settlement after only 10 days of trial in the case of Kevin Phillips v. C.R. Bard.

AUG 2015

Bard IVC filter cases are consolidated to the Arizona Federal District in MDL 2641.

SEP 2015

NBC News releases an investigative report detailing the growing number of FDA adverse event complaints linked to Bard IVCs, as well as information suggesting Bard concealed safety risks and may have forged an experts signature to gain FDA approval of the Recovery IVC.

Choosing the Right Bard or Cook IVC Filter Lawyer

If you or a family member have suffered injury from a defective IVC filter, it’s important to speak with a lawyer as soon as possible to preserve your legal rights. However, selecting the right lawyer can greatly affect your case.

Defective medical device injury lawsuits are usually filed in federal courts far away from where you live. Therefore, it is not necessary or even recommended that you choose a local lawyer.

Also, these claims are fought against very powerful and well-funded medical companies. Therefore, you need a firm with the experience and resources to continue your case until it is resolved.

Lastly, medical device lawsuits often require a detailed understanding of scientific issues and clinical trials, as well as access to the researchers who publish independent studies.

In most cases, your lawyer will come to you, or handle everything for you so that you never have to leave home to meet with them or appear in court.

DrugNews works only with law firms that handle medical device injury cases across the country, and only with lawyers that have handled thousands of these lawsuits.