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IVC Filter Lawsuits

Bard Sales Reps, Surgeons, And Even The FDA All Looked The Other Way And Failed To Warn IVC Filter Patients

Bard IVC Filter Lawsuits

An important point of law was decided by a Washington federal judge that will affect hundreds of plaintiffs pursuing Bard IVC filter litigation

Thursday, November 18, 2021 - Not only were patients misled by the representation of doctors about Bard IVC filter complications, but the doctors themselves may have been kept in the dark by the company sales representatives as to the long-term safety of the device. Bard medical device sales representatives who earn commissions may be under pressure to meet their sales quota every month of IVC filter and may have outright lied, or lied through omission when failing to advise surgeons of the risks of using the implantable Bard IVC filter medical device. According to Harrison Publishing, "A Washington federal judge has denied C.R. Bard summary judgment on failure-to-warn and design defect claims in an IVC filter action, finding there is a question of fact as to whether the implanting surgeon was adequately warned of the device's risks. In a Nov. 15 order, Judge Ricardo S. Martinez of the U.S. District Court for the Western District of Washington noted the surgeon testified that he may have read some version of the device's Instructions for Use before the implanting surgery." Bard IVC filter lawsuits allege that the device has broken and pieces have lodged in the artery, the heart, and the lungs. Surgeons have had to advise their patients that it is no use to try and remove the metal fragments as the surgery would be too risky. The IVC filter patient's life is left in a state of suspended animation where the metal fragment could shift at any given moment for the rest of their lives and cause instant, sudden death. One state bellwether IVC filter fragment case was found for a woman who was injured in this fashion. According to Miller & Zois, "The most recent (jury award) was a $3.3 million verdict in Wisconsin for a woman with a Bard Meridian IVC Filter. Her IVC filter became embedded in her vein. She required several surgeries to both remove the filter and to collect the broken pieces of the shattered filter. "

Questions have arisen about the complications that could occur when the surgeon tries and remove an implanted IVC filter. IVC filters do a good job of trapping blood clots in the inferior vena cava (IVC), a large artery that sends blood through the lungs and back to the heart, maybe too good. The life-saving device needs to be removed and replaced after it has performed its function or risk becoming the source of more clots itself. Surgeons are not trained in the device's removal and can use excessive force to yank it from the scar tissue within which it has become encases inside the IVC. Scar tissue develops naturally because the body thinks the IVC filter is a foreign invader and tries to expel it from the body. Bard is accused of selling a medical device with an inherent design defect but the company claims that their IVC filters met all of the requirements for FDA approval.

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OnderLaw, LLC is a St. Louis personal injury law firm handling serious injury and death claims across the country. Its mission is the pursuit of justice, no matter how complex the case or strenuous the effort. The Onder Law Firm has represented clients throughout the United States in pharmaceutical and medical device litigation such as Pradaxa, Lexapro and Yasmin/Yaz, where the firm's attorneys held significant leadership roles in the litigation, as well as Actos, DePuy, Risperdal and others, and other law firms throughout the nation often seek its experience and expertise on complex litigation.