Another IVC Filter lawsuit has been filed by a man in Pennsylvania against C.R. Bard Inc, alleging that the G2 Inferior Vena Cava Filter was a defective medical device sold by the company, that the company failed to warn the plaintiff about the potentially serious side effects, and that company failed to properly test the device to determine short-term and long-term side effects. The complaint further alleges that the serious side effects caused the plaintiff serious harm.
This lawsuit will join over 2,000 others that have been consolidated in MDL 2641.
What Is MDL 2641?
When a large number of lawsuits have been filed against one defendant and the allegations in each lawsuit are the same or very similar, the U. S. Judicial Panel on Multidistrict Litigation will review the lawsuits and determine if all of the cases should be consolidated.
Once this decision is made, the lawsuits will be moved to one court under one judge. Consolidation can be beneficial for all parties involved. It helps to prevent duplicate discovery and saves all parties time and money.
In this case, MDL 2641 moved the several thousand IVC Filter lawsuits to a court in the District of Arizona to be overseen by the Honorable Judge David G. Campbell.
What Are The Side Effects Plaintiffs Are Claiming Hurt Them?
The IVC Filter is a small metal medical device that is implanted in the inferior vena cava. It is supposed to prevent a blood clot from passing into the lung where it could potentially result in a life-threatening embolism. But research has shown that there is little evidence to prove that the IVC Filter is actually helpful and in addition to this, the device has some serious side effects.
In some cases, one of the small metal “legs” of the device breaks off and travels through the bloodstream to other areas of the body – like the lungs or the heart. Here it may cause serious damage to surrounding tissues.
If the entire device or a piece that has broken off punctures the vein, it can result in internal bleeding.
Sometimes the entire device moves and travels through the body which it causes damage to internal organs.
Removal Is Complicated
Due to the size of the device or the shards that have broken off, it can be difficult and sometimes dangerous for a surgeon to remove the device. Even with successful retrieval, the surgery and other possible complications will take a physical and financial toll on the patient.
How Can A Lawsuit Help Plaintiffs?
A civil lawsuit is designed to give plaintiffs the opportunity to recover compensation from a party that they claim has acted negligently and caused them harm. Compensation may cover the plaintiffs:
- medical expenses
- lost wages
- physical pain and suffering
- emotional trauma
Compensation is obtained through either a carefully negotiated settlement or a verdict awarded from a jury at the end of a trial. The amounts awarded to each plaintiff vary and is based on their actual losses.
How Long Will The Legal Process Take?
It’s not uncommon for it to take more than a year for a civil lawsuit to resolve if it goes to trial, like those involved in the MDL process. However, this shouldn’t deter anyone from choosing to file as it may be the only way they are able to recover compensation.
If a settlement agreement can be reached, the case will likely reach its conclusion in a much more timely manner. But not all defendants make a settlement offer and even if they do, the offer many not be sufficient to restore the plaintiff to the life they enjoyed before they were caused harm.