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IVC Filter Lawsuits

Medical Safety Groups Call For The End of the FDA Fast-Track Medical Device Approval Process

Bard IVC Filter Lawsuits

Bard IVC filters received fast-track FDA approval but are proving to be ill-conceived and cause serious injuries

Thursday, September 30, 2021 - The Institute of Medicine and other medical safety advocates want the FDA to cancel or reform its fatally flawed 501 k fast-track medical device approval program. The FDA's fast-track approval process rushes medical devices to market before they can be fully tested and their safety guaranteed. Reports made to CR Bard, the manufacturer of the Bard IVC filter, and the FDA, complain that the Bard IVC filter complications include the device fracturing and migrating, causing countless injuries and 27 deaths to date. One report states that the FDA received around 1000 complaints from doctors and patients during five years from 2005 to 2010. The reports describe device migration, embolization, device detachment, perforation of the inferior vena cava by the device, and filter fracture or breakage.

Blood clot patients that have had IVC filter implant surgery may not have been informed of the risks and complications that were reported to the devices manufacturer, and the FDA until it was too late. Many have filed Bard IVC filter lawsuits seeking lump-sum monetary compensation for the injuries sustained by the device. Juries in upcoming Bard IVC trials will take post-market FDA reports into account that illustrate the device design is inherently flawed and causes medical complications far above any potential benefits. According to DrugWatcher.org, "A study published in 2010 showed that up to one-quarter of the filters produced by Bard broke and caused an embolism. Another study published in 2012 in the Journal of Vascular and Interventional Radiology found that up to 40% of the devices fractured within 5.5 years since they were implanted."

The Food and Drug Administration (FDA) must take some of the blame for the injuries that defective medical devices like the IVC filters have caused. The FDA's 501 k fast-track medical device approval process allows a medical device to go to market if it can be demonstrated to a panel of experts that it is substantially similar to one already on the market even though that product may be defective, recalled, or the target of personal injury lawsuits. The approval process relies on patient and doctor reports of post-market complications, malfunctions, and injuries. There are no clinical trials or ongoing oversight. The 501 k FDA approval process uses patient experiences to determine whether or not a medical device is safe or to issue warnings or recalls.

It was not until 2010, six years after the IVC filter received FDA approval, that regulators warned the public of the IVC filter's life-threatening complications. The FDA wrote: "The FDA has received reports of adverse events and product problems associated with IVC filters. Types of reports include device migration, filter fracture, embolization (movement of the entire filter or fracture fragments to the heart or lungs), perforation of the IVC, and difficulty removing the device." The adverse reports made to the FDA most likely represent only a fraction of the actual number of complications that patients experienced.

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No-Cost, No-Obligation Bard IVC Filter Lawsuit Case Review for Persons or Families of Persons Who Suffered from Organ Damage, Severe Bleeding, Stroke, or Death

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.