Over 20,000 individual IVC filter lawsuits have been filed since 2012. Many claims have been settled but strong suits are still pending. Our firm continues to file lawsuits for meritorious claims in courts around the United States.
If you or a loved one was injured by an IVC filter, you can consult with a litigation partner at our firm. We will discuss the litigation options with you.
Lawsuits are filed by patients who suffered injuries, or by families whose loved ones have died. Suits are filed for a variety of injuries caused by IVC filter defects. Most lawsuits involve C.R. Bard and Cook Medical. While most of the Bard IVC filter cases have settled, over 11,000 lawsuits have been filed against Cook Medical are still pending. Other IVC filter manufacturers, including ALN, Argon, Boston Scientific, Braun, Cordis, and Rex are also implicated in legal claims. New lawsuits can be filed for patients who are newly injured.
Below are trial verdicts for plaintiffs. Most of these were test trials, known as “bellwethers.” Juries evaluate liability and damages. The goal of bellwethers is to guide the parties on settlement values.
| YEAR | AMOUNT | COMPANY | INJURY | ARTICLE |
| 2018 | $3.6 million | Sherr-Una Booker vs. Bard | Open heart surgery to remove filter | Yahoo Finance |
| 2018 | $1.2 million | Former firefighter vs. Cook Medical | Tilted filter, piercing vein, duodenum and artery | BioSpace |
| 2019 | $3 million | Tonya Brand vs. Cook | Fractured filter with migration of pieces to thigh and spine | Yahoo Finance |
| 2019 | $34 million | Tracy Reed-Brown vs. Rex Medical | Perforated vein wall and adjacent organs | Law.com |
| 2020 | $3.4 million | Wisconsin plaintiff vs. C.R. Bard | Fractured filter with parts migrating to heart | |
| 2021 | $926,000 | Justin Peterson vs. Bard | Perforated vein requiring abdominal surgery | |
| 2021 | $386,250 | Debra Branch vs, Bard | Fractured filter with complications |
How Do I Know If I Qualify for an IVC Filter Lawsuit?
Lawsuits against IVC filter manufacturers claim that the devices carry risks for patients, potentially causing severe and even fatal injuries. In the case of death resulting from an IVC injury, loved ones can bring a claim for wrongful death. Some of the complaints mentioned in lawsuits against the manufacturers include:
- Tilting or migration of the filter
- Migrating of the filter or fractured parts into the kidney, muscles, intestines, hearts, lungs
- Multiple removal procedures
- “Percutaneous” removal which is done by an interventional radiologist
- “Open Procedure” surgery done by a surgeon and requires hospitalization
- Punctured or perforated veins
- Organ perforation and damage
- Inability to remove the device permanently
Financial claims made in lawsuits for IVC Filters injuries:
- Economic compensation for lost wages, loss of future earnings, doctor bills and medical expenses, and other out-of-pocket expenses;
- Pain and suffering, mental anguish, future potential injuries
- Spouses can make a “loss of consortium”
- Wrongful Death claims if death was caused by the IVC filter
- At trials. A plaintiff can claim “punitive damages” for punishment of the manufacturer and to discourage future corporate malfeasance
Do I Need a Lawyer to File a Lawsuit?
Any plaintiff can file a lawsuit by themselves, which is known as a “pro se” suit. However, a lawyer experienced in IVC filter litigation and settlements is a valuable resource. A firm like ours can help identify the filter, prepare a lawsuit and pursue the damages a victim is entitled to. There are various strategies as to which judges and courts are better for plaintiffs to be in. There is no such thing as easy and quick settlements in IVC filter litigation.
If I Settle a Claim, What Happens If I Have Future Complications From the IVC Filter?
In medical device cases, a settlement cuts off future injury claims. Once you sign a settlement release, the device manufacturers are protected from future claims. Therefore, settlement amounts must consider possible future medical complications.
Sometimes part or all of the IVC filter will remain in your body after an attempted removal. Surgeons will do a risk vs. benefit analysis. They will tell patients what the surgical risks are, and what are the risk of leaving it in. If a surgeon says that future surgery is “probably” or “likely” needed in the future, that can be part of the settlement claim.
Thankfully, it is very easy for doctors to monitor you by using scans to determine if the filter fracture has moved. Most times, a fractured piece remains in one area because scar tissue develops.
What Has the FDA said about IVC Filters?
As medical complications emerged, the FDA began investigating the associated risks. In 2010, the FDA reported that the risks associated with IVC filters increase the longer they remain implanted. They advised doctors to closely monitor their patients. The FDA highlighted several serious issues, including filter migration, filter fractures, embedding into tissue, perforation of organs, and difficulties with or incomplete removal of the filters.
In 2014, the FDA released an additional safety communication. Alongside the life-threatening issues identified in 2010, the FDA received reports of filter fractures that had migrated to the heart and lungs. As a result, the FDA recommended that IVC filters be removed as soon as they were no longer necessary.
In 2016, a medical study was conducted to analyze the reported issues with IVC filters, including fractures, perforations, and migrations. The data was sourced from the FDA’s MAUDE adverse event database and categorized by the type of filter. The study concluded that certain filters posed a higher risk than others. The authors recommended further research, particularly focusing on patients with long-term use of these filters.
When Do I Need to File My Lawsuit?
Injury and wrongful death suits must be filed within statutory time limits. Each state has different time limits, known as a personal injury “statute of limitations.” Some states have what is known as a “statute of repose,” which is a law that prevents a cause of action from being pursued after a certain amount of time has passed, even if the injury has not occurred. Please note, that a wrongful death claim may have to be filed before the personal injury statute of limitations.
These time limits are very important. Failing to file suit before the time limit will usually mean the claim is gone. The clock starts ticking when there is an injury. Different states define what an “injury” is. This could be a vague injury even though you have not linked it to an IVC problem. Or, the time may start from when a doctor told you there was a problem, or when the IVC filter gets removed.
Also, another tricky issue may be a state that starts the clock when you “discover” the injury. Discovery of an injury may mean that you know you are injured but have not connected to a defective IVC filter. Some states will not start the time clock until you realize there are potential lawsuits.
Consult with Our Knowledgeable Defective Device Lawyers Today
If you’ve suffered injuries due to an IVC filter, it’s crucial to have an experienced Defective Medical Device attorney on your side. Our firm provides expert resources to strengthen your claim and ensure you receive the compensation you deserve. Attorney David B. Rheingold, who manages our firm’s high-profile medical device cases, will personally handle your claim. David has a proven track record in securing significant settlements.
Contact us today to start building your case with confidence.
David specializes in an active trial practice primarily involving drug products, medical device liability and product liability cases. On both a state and national level, he has obtained substantial client settlements through arbitration, mediation and direct negotiations with some of the largest national and international drug and medical device makers. David has been involved in multiple high-profile legal cases including the $2.5 billion DePuy ASR and DePuy Pinnacle metal-on-metal hip implant settlement plan and the $1.4 billion Stryker Rejuvenate metal-on-metal hip implant settlement plan.
