Surgeons insert retrievable inferior vena cava filter (IVC) devices in the veins of patients to prevent blood clots from reaching the lungs. In essence, the filters are metallic spider-like devices that catch the clots in the blood stream, allowing the clots to be reabsorbed over time. The U.S. Food & Drug Administration (FDA) began to get notice of many adverse reports about these filters in 2005. Complaints varied, including damaged/punctured organs and blood vessels. Other complications included filter migration to different parts of the body.
In 2010 the FDA issued a formal warning that IVC devices are at risk of filter fracture, filter migration and organ perforation. The agency has warned that these should be removed when the risk for blood clots ended. Following this warning, those who suffered from harm – and those who survived the death of a loved one – soon began to file lawsuits in many states.
The affected IVC filters are produced by C.R. Bard and Cook Group, Inc. Thus far, three specific brands are the primary subject of lawsuits:
Additionally, Keberle, Patrykus &Laufenberg are also investigating the following other filters:
In October 2014, Federal lawsuits from 11 separate districts were consolidated into a single Multidistrict Litigation in the Southern District of Indiana.
There are currently a variety of specific injuries seen in this Multidistrict class and others across the country. They include the following serious outcomes following filter failure:
BARD KNEW IN 2004 – The Lehmann Report
Bard first received complaints of significant IVC problems in 2004. Bard the asked litigation consultant Dr. John Lehmann to investigate. The Report was given to Bard in December 2004, and distributed to a select number of employees with strict confidentiality instructions.
Although Bard knew about the problem with the ICV filters, the company did not disclosed this fact to the FDA. After receiving hundreds of adverse event reports about the device, including filter migration, embolization, IVC perforations, and filter fracture the FDA issued a safety advisory regarding ICV filters in August 2010.
Bard now asserts asserted that the report was protected under the work-product doctrine. Courts are now considering the admissibility of the Lehmann report. A new Multidistrict class was certified in Arizona.
If you believe you or a loved one has been seriously injured through the use of a IVC Filter , the attorneys at Keberle, Patrykus & Laufenberg, LLP, LLP will meet with you or come to your home to discuss your injuries, your case and your rights. We will do so at NO COST OR OBLIGATION to you. If your case is accepted it will be handled based on a Contingency Fee Basis which means there will be absolutely no cost to you if there is no recovery in your case. To schedule an appointment CALL 1-800-529-1110 or Email us at: firstname.lastname@example.org.
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