All That You Need To Know About IVC Filter Settlement.
The inferior vena cava (“IVC”) is the largest vein in the human body which is responsible for the transportation of the blood from the legs and lower torso to the heart.
An IVC filter is implanted in patients who are at the risk of forming a blood clot that could travel to the heart or lungs and cause life-threatening pulmonary embolism. It is mainly implanted in patients who are undergoing hip and knee replacement surgery, bariatric surgery, trauma, and/ or are unable to tolerate blood thinning medications.
Complications with IVC filters
Although the FDA announced these filters to be safe and effective, they have been linked with the plenty of adverse health complications. The Journal of the American Medical Association (“JAMA”) showed the failure rate of these blood clot filters and created a compelling data which revealed how IVC blood clot filters lacked effectiveness. The FDA, following the release of this report, strengthened its warning and cited how the doctors should remove retrievable IVC filters as soon as they find the risk of pulmonary embolism passed.
The victims claimed for ivc filter lawsuit settlements as they suffered from:
· Device migration
· Filter fracture
· Blood clots
· Organ damage
· Organ perforation
The IVC filter allegations include:
· Defective design and manufacturing
· Misrepresentation in marketing
· Failure to warn the doctors and patients about the risks
How are the lawsuits being made?
Given the huge amount of risk associated with the IVC filters, the FDA has issued two separate warnings regarding the use of these medical devices. Patients who are at the high risk of developing blood clots are implanted with these filters, however, the patient’s risk of other complications increases when it is left in place for too long.
Even though there are several claimants who are petitioning for a class action lawsuit against the manufacturers of these IVC filters, they have not been approved yet. In cases such as these, it is often beneficial for claimants to involve in multidistrict litigation than a class action lawsuit. This is because, in class action lawsuit, all cases are treated alike and at the end of the case, each plaintiff receives an equal percentage of the settlement amount. This, as understood can actually be a very small sum for each plaintiff, which is certainly not fair enough given for the victims who suffered severe injuries and spent extensive medical expenses.
The IVC filter lawsuit settlements allow the patients to claim for the damage award and the first lawsuit was against Bard filed in 2012. Within the next three years that is by 2015 there were more than 100 cases. The cases were consolidated into MDL to help streamline the process of discovery and evidence. However, most of these cases are awaiting some sort of legal action.
There were more than 8,000 lawsuits against the manufacturers of IVC filters as of July 2018. Bellwether trials are also in progress which test cases’ legal merits with court trials and eventually help to decide on the possible financial settlement.
IVC Filter Manufacturers who faced the lawsuits
There are individual lawsuits against the IVC filter brands filed by the victims. Companies such as Argon, Boston Scientific, ALN and CORDIS have been sued. The IVC filters named in MDLs include:
· Bard Recovery
· Bard G2
· Bard G2 Express
· Cook Günther Tulip
· Cook Celect
Find an experienced attorney
If you or a loved one has suffered from the complications of implantation of an IVC filter, get in touch with the medical attorneys who can help you get the legal representation. Arrange a free consultation to understand and discuss about the current status of the IVC filter litigation.