New York IVC Filters Injury Lawyer
Imagine having an issue with blood clots and visiting your doctor. While there you are told you needed an Inferior Vena Cava filter (IVC filter) to catch the potential blood clots to keep them from reaching your heart and lungs. You trust your doctor and so you have the surgery to place the filter. Now imagine that the filter fractures and migrates to other parts of your body, causing serious harm. Or possibly death. Aren’t modern medical devices are supposed to help us, not seriously harm or kill us?
Sobo & Sobo we understand the overwhelming anxiety this would create and how it could completely disrupted you and your family’s life. It is frightening to trust that a medical device designed to help you and instead find out that it has the potential to seriously harm or kill you. If this has happened to you, Sobo & Sobo wants to hear your story. We partner with with those hurt by defective medical devices and help them to seek compensation for their injuries. We work toward winning together, to get the results you deserve.
IVC Filters Intended To Prevent Pulmonary Embolism
IVC filters were created for patients at risk for a pulmonary embolism. The filters are very tiny, cage-like devices, intended to catch blood clots before they travel to the lungs and heart. The C.R. Bard G2 filter and others like it are supposed to be taken out of the patient once they are no longer in danger. IVC filters were initially intended to be permanent. Now, there are temporary (retrievable) although permanent IVC filters are still available. Temporary filters are supposed to be removed after the threat of a blood clot passes; however, they have been known to move within the body, causing serious complications and death. There are a number of side effects associated with IVC filters, a number of them are listed below.
Side effects of IVC Filters:
- Deep vein thrombosis
- Organ damage
- Organ perforation
- Device migration
- Device fracture
- Device fracture and migration
- Pieces remaining in body despite surgical removal
- Filer thrombosis
- Filter perforation
The Trouble With IVC Filters
Since these filters were brought to market in 2005, the U.S. Food and Drug Administration has logged over 900 adverse events and counting of the filters perforating the Inferior Vena Cava, migrating to other parts of the body, either after fracturing or in its entirety, fracturing inside the body and embolization, the passage and lodging of an embolus within the bloodstream. Curiously, the FDA issued a new advisory about the IVC filters in 2014 reminding physicians the retrievable filters should be removed within 29 to 54 days after they had been implanted in a patient. They did not recall the product.
One of the first bellwether trials relating to defective IVC filters took place in Georgia where a court awarded a plaintiff $3.6 million as a result of C.R. Bard’s G2 Inferior Vena Cava filter fracturing inside her body. A bellwether trial is a test case to try a widely contested issue. Bellwether trials happen frequently in U.S. legal practice. The jury found C.R. Bard 80 percent liable for harming the patient and awarded $1.6 million in actual damages and $2 million in punitive damages. There are well over 6,000 IVC filter lawsuits in progress or pending across the U.S. with more being filed daily, with the majority filed against C.R. Bard and Cook Medical.
Serious Allegations Arise
One of the most serious allegations leveled against C.R. Bard is that they were negligent in marketing a product they knew to be defective. Court evidence indicates they likely knew about the risks of their recovery filter prior to marketing it. Apparently, a well-known regulatory specialist hired by C.R. Bard to get FDA clearance realized the concerns about the IVC filter’s safety. She refused to sign off on the clearance request but oddly her signature was on the application to the FDA. Later, when shown the document by NBC News, who was investigating C.R. Bard’s IVC filter, the specialist confirmed it was not her signature.
Not long after that launch, the company began to get complaints about the device malfunctioning. At that point, C.R. Bard hired an independent consultant to conduct a study. The consultant found the filter had a higher complication rate than other filters on the market. Although Bard tried to keep the results of the study quiet, the information got out.
There were 27 deaths and hundreds of complaints before Bard replaced the Recovery IVC filter with the G2 series, which turned out to have similar potentially fatal defects. Despite Bard being concerned about reports of G2 series device failures, they were on the market for another five years and only removed in 2010. There have been at least 12 reported deaths and multiple injuries linked to the Bard G2 series IVC filters and the company has settled a number of IVC lawsuits.
Cook Medical is also facing similar lawsuits regarding their IVC filters. Their first IVC filter was the FDA approved Gunther Tulip for permanent and temporary placement. The Celect Vena Cava filter hit the market in 2008. Celect was billed as an improved version of the Gunther Tulip, but both devices have been cited in numerous FDA adverse event reports.
What is the basis for an IVC lawsuit?
Typically an IVC filter lawsuit alleges one or more of the following:
- Design defects
- Manufacturing defects
- Negligence by the medical device manufacturer
- Negligence by the company marketing the medical device
- Breach of implied warranty on the medical device
- Failing to warn consumers (and doctors) of known risks
- Alleging that the companies being sued knew their products were defective but sold them in spite of that knowledge making the company liable for the harm done
Have you had an IVC Filter implanted in your body? If the answer is yes, it is a good idea to check the following to see if your filter is listed. If you find your devise on the list, it is important to get in touch an attorney as soon as possible to learn more about your legal rights.
- R. Bard (Davol) – Recovery, G2, G2 Express
- Cook Medical (Cook Group) – Celect, Gunter Tulip
- Boston Scientific (Boston Scientific Corporation) – Greenfield
Sobo & Sobo Can Help
The attorneys at Sobo & Sobo are personal injury law leaders that have experience in all types of defective medical device litigation. We want to help. During your initial consultation, which is always free, we listen closely to your story in order to help you make informed decisions about how to move forward.
Call Sobo & Sobo at 855-468-7626 as soon as possible so you can make an informed decision about how to proceed with a lawsuit if you so choose. Our prompt action, in partnership with you, could make a difference in the outcome of your case. We would be honored to hear your story and look forward to taking the next step toward Winning Together.