After some slow activity because courts fell behind during COVID, IVC filter cases are beginning to go to trial. Plaintiffs whose cases have languished may soon learn of the outcome of their case. In the meantime, if you have a potential IVC case, you should contact a lawyer to learn whether you may be eligible for financial compensation. You should do so before the statute of limitations expires.
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Recently, plaintiffs have had a good track record in IVC filter cases that have gone to verdicts. Several juries have found the manufacturers of these products civilly liable for damages that patients have suffered, and they have awarded multi million dollar verdicts.
IVC Filters Can Prevent Pulmonary Embolisms (If They Work Properly)
IVC filters are medical devices that are used by vascular surgeons when they are treating blood clots. They are meant to prevent blood clots from reaching the lungs where they can kill a patient. IVC stands for inferior vena cava. This is a major vein in the body that brings blood back to the lungs to receive more oxygen.
IVC filters act as a sort-of gatekeeper that allow blood to be pumped through the vein back to the lung without the risk of a blood clot. They filter the blood clots out and keep them from reaching the lungs. The surgeon will insert an IVC filter in a procedure that implants it in veins in the patient’s groin or neck. The filter is implanted through a catheter. Once the catheter is removed from the body, the filter will expand and attach itself to the vein. Depending on the circumstances, the filter can be in place either temporarily or permanently. The effect is that the patient should not get a pulmonary embolism, even if they will suffer from deep vein thrombosis.
Reasons Why a Patient May Need an IVC Filter
Patients may need an IVC filter if they have one of a number of risk factors that could cause pulmonary embolism. These include:
● Recent surgery
● Cancer treatment
● Injury to a vein in the leg
● Blood clotting disorders
While IVC filters work for many patients, there are definite risks to the procedure. One of the biggest risks is the filter itself. There have been numerous instances where the medical device has failed with serious consequences for the patient.
The problem with IVC filters mirror those of many of the insertable medical devices that are implanted into the body during surgery. Physicians implant these devices with the hope that they stay in place in the body and continue to work. The problem is that the construction of the IVC filter itself does not always allow for that.
The IVC Filter Can Fracture or Migrate Within the Body
There have been countless reports of this device fracturing within the body. This could cause serious problems for the patient, since it is implanted inside a major vein. IVC fracture can damage the vein itself, which makes the patient’s medical issue even worse. Fracture can lead to small pieces of debris from the device traveling throughout the body, making it difficult to remove in surgical procedures. This could cause intense pain and harm the blood flow throughout the body.
In addition, the IVC filter could migrate out of place. It could leave the IVC vein. This has two effects. First, the patient is unprotected against pulmonary embolism. Second, a small piece of metal floating around the body could damage veins, internal tissue and organs.
Patients Either Need Major Surgery or Must Leave the Device Inside the Body
When the IVC filter fails, patients are trapped between two bad choices. They could undergo a serious surgical procedure to possibly remove the device that they may not survive. Alternatively, they could leave the device in the body, and suffer the side effects from a piece of metal on the loose in their body.
The failure rate of many of these IVC filters is unacceptably high. For some brands, the failure rate is between 10-25%. In Greenfield filters, up to 40% of devices migrated out of place. It is inexplicable how medical devices with this high rate of failure not only remain on the market, but continue to be used in new surgeries in spite of FDA safety warnings to the public. Even though doctors do not use IVC filters as their first course of treatment, they are still part of the methods that they use to prevent pulmonary embolism.
Defendants in IVC Filter Lawsuits
IVC filter litigation has been going on for years, and the product manufacturers do not have a great track record when it comes to defending these suits. Defendants in these cases include:
● Bard
● Cook Medical
● Rex Medical
● Greenfield
Plaintiffs Have Been Winning IVC Filter Lawsuits
After years of lawsuits, plaintiffs began to see success in these cases in 2018. That year, plaintiffs won two seven-figure verdicts, including one against C.R. Bard for $3.6 million. Since then, plaintiffs have won numerous verdicts against these product manufacturers. The defendants have not entered into a global settlement of these cases, despite the fact that their legal risk seems to be growing.
After a break in trials because courts shut down during COVID, plaintiffs have continued to find success in jury verdicts. One of the most recent cases was decided in July 2021. This was just the latest ruling against defendants in these cases. The combined verdicts in these cases reached approximately $7 million.
In the most recent case, the jury found that the IVC filter was defective after it fractured in the patient’s body. The patient suffered serious complications from the broken IVC filter. One 2021 case resulted in a $3.3 million verdict against the defendant. Similar to mesothelioma lawsuits, IVC lawsuits are not class actions
There are many more cases to be heard after these recent lawsuits. The product manufacturers are bracing for large losses, although they have not settled large numbers of cases. We anticipate that more cases will be filed in the future, especially as the verdicts against the manufacturers continue to mount.
Get Legal Help for Your IVC Filter Lawsuit
If you or a loved one have been injured by a defective IVC filter that has broken or migrated, you have a limited amount of time to file a lawsuit against the manufacturer. As you can see from the recent verdicts, you may be entitled to significant financial compensation. You should contact a product liability attorney to explore a possible IVC lawsuit. If you are interested in an asbestos lawsuit or hair relaxer lawsuit, contact us.