Legal-Bay LLC, The Lawsuit Settlement Funding Company, announced today that there has been a rise in IVC filter lawsuit claims against C.R. Bard Inc. and Cook Medical Inc. According to court records, the claims went from 189 in October to 222 in November. The lawsuits all have similar allegations, claiming that C.R. Bard Inc. and Cook Medical Inc. failed to let patients know that the IVC filters break, tilt, and migrate from the initial insertion position and then puncture the lungs, heart, or inferior vena cava. Different pretrial proceedings are already underway against the two manufacturers. The lawsuit claims against C.R. Bard over its Recovery and G2 IVC filters are consolidated in the U.S. District Court in the District of Arizona, while the claims againstCook Medical Inc. are pending in a multidistrict litigation (MDL 2570) in the U.S. District Court in the Southern District of Indiana.
IVCs are small filter devices designed to prevent blood clots from traveling from the lower body to the lungs, causing a pulmonary embolism. IVCs are intended to be temporary, but when left in place, the struts of these filters break loose. This breakage within the body can be life-threatening and has been known to cause serious injury and death. See Hundreds of Mass Tort Cases Filed Against Maker of IVC Filter
The IVC lawsuits also allege that Cook’s medical devices are defectively designed, are sometimes difficult to remove, and cause serious patient complications. Additionally, filings contend that Cook failed to provide sufficient warnings and instructions to physicians and their patients about the dangers and adverse effects caused by its filters.
The most commonly-claimed side-effects of the Cook IVCs are:
- Perforation of the heart, lung or other organs
- Punctured vena cava
- Perforated aorta and fractured IVCs
- Migration of filters from original position
- Detached components of the device
- Difficulty removing the IVC
The Food and Drug Administration (“FDA”) is currently encouraging all doctors to remove IVC filters as soon as the risk of a pulmonary embolism is no longer necessary. The FDA issued warnings about the risk associate with the use of IVC filters in 2010 and again in 2014.
The cases are: In Re: Bard IVC Fliters Products Liability Litigation, MDL No. 2641 andIn Re: Cook Medical, Inc., IVC Filters Marketing, Sales, Practices and Products Liability Litigation, MDL No. 2570.