On September 28, 2015, the widow of a man who died allegedly due to a defective Bard G2 IVC filter filed a federal lawsuit on behalf of her husband’s estate and on her own behalf against C.R. Bard, Inc. and Bard Peripheral Vascular, Inc. in the U.S. District Court for the Eastern District of Missouri.
The plaintiff’s federal lawsuit will likely be transferred to the U.S. District Court in Arizona following the consolidation of all federal lawsuits involving Bard IVC filters in that District pursuant to the August 2015 order of the United States Judicial Panel on Multidistrict Litigation.
The plaintiff alleges that her husband had a Bard G2 IVC filter implanted on November 16, 2006 but the anchoring system of the filter later failed, causing the filter to tilt on its side and leading to it perforating his vena cava. Once the IVC (inferior vena cava) filter titled and perforated her husband’s vena cava, the plaintiff’s federal lawsuit alleges that the Bard IVC filter failed to function properly and led to her husband’s death.
The plaintiff’s lawsuit seeks both compensatory damages and punitive damages, alleging negligence, defective design, defective manufacturing, breach of warranties, failure to warn, fraud and concealment, and wrongful death.
How Do IVC Filters Work?
IVC filters work by catching blood clots originating from the lower legs and preventing the clots from moving to the lungs, where they may cause a pulmonary embolism, or to the heart. They are implanted in the vein that returns the blood from the lower extremities to the lungs and the heart.
The Bard G2 IVC Filter
Bard received approval for its Bard G2 IVC filter from the FDA in August 2005 through its fast-track 510k approval process without submitting clinical trials showing its effectiveness (Bard only needed to show that its G2 IVC filter was similar to its older Recovery IVC filter).
Within months of FDA approval, the Bard G2 IVC filter reportedly was linked to a large number of reports regarding fracturing, tilting, migration, and perforation of the vena cava that were leading to serious injuries, including death.
Bard’s internal investigations reportedly showed that by February 2006, the design of its G2 IVC filter failed to ensure adequate stability by migrating and tilting at unreasonably high rates.
A study conducted in 2010 compared Bard’s G2 IVC and Recovery IVC filters that had been implanted in patients between April 2004 and January 2009, and reportedly found fracture rates of 12% and 25%, respectively.
It has been reported that a document dated April 1, 2010 showed that employees of Bard discussed the known problems regarding the Bard G2 IVC filters but did not disclose the information to the public.
If you or a loved one were seriously injured (or worse) due to a Bard IVC filter, you should promptly find a defective medical device claim lawyer who may investigate your IVC filter claim for you and represent you in a claim for compensation due to the harm you or your loved one suffered as a result of a defective IVC filter.
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