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Lawsuits filed against C.R. Bard, Inc. continue to move forward in MDL Court in the U.S. District Court, District of Arizona. On October 29, 2015, the first scheduling conference was held. At that time, the Court addressed a number of issues, including:
In addition, according to Minutes from the proceeding, the Court has scheduled a Status Hearing for January 29, 2016 and a joint discovery report is due on January 20, 2016.
As of October 15, 2015, there were 56 IVC Filter lawsuits in MDL 2641. (In Re: Bard IVC Filters Products Liability Litigation — MDL No. 2641)
Multidistrict litigation (MDL) streamlines the trial process by eliminating duplicative discovery, and all the plaintiffs and defendants are gathered before one judge. Consolidation into an MDL acknowledges that the lawsuits share similar questions of fact; it is not a comment on the merits of the lawsuit.
C.R. Bard, Inc. manufactures the Recovery and G2 IVC filters, which 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, injuries caused by these devices could potentially have been avoided by the timely removal of the device. Failure to remove the device greatly increases the risk of injury and complications.
NBC Nightly News conducted an investigative report in September suggesting that C.R. Bard was aware that the Recovery filter was associated with higher rates of death, fracture and movement compared to its competitors, yet chose not to recall the device. The report noted that in 10 years, 27 deaths were linked to the Recovery filter.
Claims filed accuse the company of failing to provide doctors with adequate warnings regarding the importance of removal and allege that the filters are associated with high rates of fracture, migration, and tilting, which may result in perforation of the inferior vena cava and other life-threatening complications
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.
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. All federally filed IVC Filter Lawsuits involving Cook Medical’s devices were consolidated for pretrial proceedings in the Southern Indiana District Court in October 2014.
The attorneys at Nash & Franciskato offer a free, no-obligation case review to individuals who have suffered complications allegedly associated with failed IVC filter devices made by C.R. Bard. You may be entitled to compensation for your injuries. Contact us today.
Past results afford no guarantee of future results and each case is different and is judged on its own merits.