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IVC filters are retrievable devices implanted into the inferior vena cava in order to catch blood clots before they can travel to the lungs and become a pulmonary embolism. Unfortunately, these devices can potentially break into pieces, causing life-threatening complications that can result in strokes, embolisms and death.
To date, several hundred lawsuits have been filed regarding IVC Filters. If you or a family member have suffered adverse effects from a failed IVC filter, you may be entitled to compensation for your injuries. Contact the lawyers at Nash & Franciskato to help answer your questions.
C.R. Bard, Inc. and Cook Medical are the two major manufacturers of these devices. Both companies have complaints filed against them with similar allegations, that the companies made defective IVC filters putting patients at risk for serious complications.
MDL No. 2641 – In Re: Bard IVC Filters Products Liability Litigation
MDL No. 2570 – In Re Cook Medical, Inc., IVC Filters Marketing, Sales Practices and Products Liability Litigation.
Plaintiffs first filed lawsuits against Bard in 2012 in California and Pennsylvania state courts. An MDL, consisting of 11 districts also consolidated lawsuits against Cook in the southern District of Indiana in October 2014.
The U.S. Judicial Panel on MDL consolidated lawsuits against Bard to the U.S. District Court District of Arizona in August 2015.
According to Bard’s 10-Q filed with the U.S. Securities and Exchange Commission for the quarter ended March 31, 2016, Bard faces about 345 lawsuits that were part of the IVC Filter MDL plus another 30 that are pending in various state courts across the US.
On May 5th, 2016, US District Judge David Campbell issued case management order no. 11, which sets deadlines for the selection of bellwether cases. 48 cases will be submitted as potential bellwether trial candidates by June 29, 2016. This pool will be narrowed down in early December, and by March 1, 2017, six of those submitted will be designated for trial.
Bellwether trials are conducted to give both sides an idea of the arguments the other will make during a trial and to provide insight into how juries are likely to decide each trial.
A Master Complaint was filed in the Cook Medical MDL court. Master complaints are often used in MDLs to supplant all individual complaints with one master answer. This Master Complaint should increase the efficiency in handling the cases.
The bellwether process was announced and a group of cases will be prepared for early trial dates that are expected to begin in September 2016.
If you have an IVC filter implanted, it is recommended that you check with your doctor to determine the brand and whether it should be removed.
If you have suffered adverse effects from a failed IVC filter, you may be entitled to be compensated for your injuries. Contact us today for a free, no-obligation case evaluation. When your health is at stake, we are here to help.
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Past results afford no guarantee of future results and each case is different and is judged on its own merits.