The federal court overseeing thousands of IVC filter lawsuits involving devices manufactured by C.R. Bard, Inc. will kick off its third bellwether trial next week.
The case selected for trial was filed on behalf of Lisa Hyde, who claims that design defects caused the G2X blood clot filter she received in 2011 to fracture, migrate, and perforate her heart. (Case No. 2:16-cv-0089)
The case is representative of many other Bard IVC filter lawsuits pending in the multidistrict litigation now underway in the U.S. District Court, District of Arizona. The verdict could provide insight into how juries might rule in similar claims.
IVC filters are indicated for use in patients at risk for pulmonary embolism, but who are unable to use standard blood-thinning medications. The wire devices resemble small cages and are implanted into the inferior vena cava to intercept blood clots before they can make their way to the heart and lungs. Retrievable devices, such at those at the center of Bard IVC filter lawsuits, are designed to be removed once a patient is no longer at risk for blood clots.
In 2010, the U.S. Food & Drug Administration (FDA) reported that it had received over 900 reports of IVC filter side effects and complications, including:
The FDA issued a second alert just four years later reminding healthcare providers to retrieve temporary blood clot filters within 29 to 54 days of their implantation in order to reduce the risk of patient harm.
Nearly 4,300 IVC filter lawsuits have been centralized in the District of Arizona, all of which were filed on behalf of individuals who suffered serious injuries and complications, allegedly due to the malfunction of retrievable IVC filters manufactured by C.R. Bard.
The proceeding’s first bellwether trial concluded in March, when another G2X filter plaintiff was awarded $1.6 million in actual damages and $2 million in punitive damages.
The litigation’s second bellwether trial concluded in May, with a win for C.R. Bard. That case involved the company’s Eclipse IVC filter.
The case initially selected for the litigation’s third bellwether trial was dismissed in August, after the judge overseeing the litigation granted Bard’s motion for summary judgement.
In October, Bard will face two IVC lawsuit trials in state court, including one scheduled to get underway on October 1st in Delaware Superior Court. Dallas County District Court in Texas will begin its first Bard IVC filter trial on October 21st.