Individuals who allegedly suffered serious complications due to malfunctioning IVC (inferior vena cava) filters are taking legal action against C.R. Bard, Inc. and Cook Medical, Inc. If you are thinking about joining an IVC filter class action, please consult with a qualified attorney to explore your legal options and ensure that your rights are protected.
Filing a medical device lawsuit is a complex and often confusing endeavor. The attorneys at Bernstein Liebhard LLP are ready to answer any questions you might have about the legal issues surrounding IVC filter complications and injuries. To learn more about the process for filing an IVC filter class action complaint or individual lawsuit, please contact our office at (888) 994-5118.
IVC filters are small, wire devices inserted to the inferior vena cava, the body’s largest vein. Once in place, they intercept blood clots that have broken loose from the extremities before they can become a life-threatening pulmonary embolism. Retrievable filters, such as those named in lawsuits filed against C.R. Bard and Cook Medical, are intended to be removed within 6 to 12 weeks of insertion. The longer retrievable IVC filters remain implanted in the body, the greater the likelihood of complications.
In 2010, the U.S. Food & Drug Administration (FDA) disclosed that it had received more than 900 reports of complications associated with the use of retrievable IVC filters, including perforation, device migration, filter fracture and embolization. In 2014, the FDA issued a second communication to remind doctors about the importance of retrieving IVC filters in a timely manner.
Injuries and complications alleged in IVC filter lawsuits include:
If an IVC filter class action lawsuit is filed, one plaintiff (designated the class representative) would be given the authority to act on behalf all other class members. Decisions left to the discretion of the class representative include the choice of attorney and whether to settle the lawsuit. Any funds recovered as part of a class action settlement would be shared equally among class members. However, the class representative would receive a larger payment in return for their more extensive role in the case.
Class action lawsuits are generally filed when all injured parties have experienced near-identical damages due to the same product. If the case is resolved in plaintiffs’ favor, compensation may include refunds or rebates to reimburse consumers for purchasing the product. If a class action involves a medical device, the settlement may also include funds to set up a program to monitor the health of individuals who were treated with the product.
Patients who experienced serious IVC filter complications likely incurred a wide range of injuries. A class action settlement probably won’t compensate these individuals for all of their physical, financial and emotional damages. Not surprisingly, most plaintiffs have chosen to file individual IVC filter lawsuits in the C.R. Bard and Cook Medical litigations.
The attorneys at Bernstein Liebhard LLP are offering free legal reviews to individuals who may have been harmed by an IVC filter. Please call (888) 994-5118 to discuss your case with a member of our legal team today.
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