Today, a federal jury awarded $3.6 million to Sherr-Una Booker who argued she was harmed by an inferior vena cava (IVC) filter manufactured by C.R. Bard Inc. that broke apart in her body. The verdict included $1.6 in compensatory damages and $2 million in punitive damages. This case was the first bellwether trial in the C.R. Bard Inc. IVC filter multidistrict litigation in the U.S. District Court for the District of Arizona (In Re: Bard IVC Filters Products Liability Litigation, MDL Docket No. 2641, No. 15-2641, Sherr-Una Booker v. C.R. Bard, Inc., et al., No. 16-474, D. Ariz.). The case is one of thousands brought by patients across the country that have suffered injury, such as breakage, migration, organ perforation, punctured veins or death as a result of their implanted IVC filter.
IVC filters are small, metal cage-like devices that are implanted in the inferior vena cava to prevent a blood clot in the heart or lungs. The filters, however, allegedly have a design defect that can cause them to fracture, migrate within the body or perforate other organs, which can cause serious injury or even death. Thousands of lawsuits have been filed against IVC manufacturers including Bard and Cook claiming that the devices are not only defective, but that the manufacturers wrongfully concealed the device’s health risks from patients and their doctors.
The lawsuits are part of MDLs in federal courts in Arizona and Indiana. A MDL is a type of legal proceeding that helps federal courts efficiently manage many similar cases filed in many different courts across the U.S. by allowing the temporary transfer of all of the federal civil lawsuits to one or more district courts for pretrial consolidation or coordination. Despite consolidation, however, each IVC case maintains its own individual identity. Bellwether trials are representative trials held in the MDL that are closely watched as they offer insights as to the strengths and weaknesses of the legal arguments advanced by both sides. (For more information about MDLs and bellwether trials, contact Borgess Law.)
Borgess Law will continue to keep you updated on the status of the IVC litigation.
How We Can Help:
If you or someone you love suffered breakage, migration, organ perforation, punctured veins, other complication, or death as a result of an implanted IVC filter, you may have a claim and you should be aware of the ongoing litigation.
Attorney Pamela A. Borgess, the founder of Borgess Law, LLC, has extensive experience with numerous national high-profile defective medical drug/device cases. Attorney Borgess will happy to discuss your legal options. For more information about the IVC lawsuits or to discuss a potential claim, contact Borgess Law at (567) 455-5955 or toll-free at (844) LAW-9144. You can also contact Borgess Law by submitting an online inquiry. Borgess Law never charges for initial consultations. We welcome any questions you may have.