Lawsuits from victims of faulty Bard IVC filters have been centralized in a newly formed multidistrict litigation (MDL) in Arizona. This will allow recipients of the Bard IVC to join together in a common lawsuit that will challenge the devices manufacturer for allegedly designing and distributing a faulty product that carried potentially life-threatening side effects. In the wake of the Arizona Bard IVC MDL ruling, thousands of potential plaintiffs may be able to pursue their legal claim in the state.
Bard IVC Filter Lawsuits Allege Life-Threatening Defects
The Bard IVC Filter was designed and marketed as a device that would prevent deadly blood clots in the lungs. Inferior vena cava (IVC) devices are surgically implanted into a patient’s veins in order to keep blood clots from moving into the lungs, and Bard’s IVC devices were used heavily in the early 2000’s by surgeons across the country. Over the last ten years, the FDA has received complaints that the Bard IVC Filters created complications that punctured organs and blood vessels, or moved the filters to another part of the body where they could not prevent deadly blood clots.
In a 2010 warning, the FDA publicized the risks of the Bard IVC filter models, writing that a patient should have the Bard Filter removed as soon as the risk of blood clots is no longer present. Shortly after the FDA warning, patients began filing lawsuits alleging that known defects in the devices caused serious injury or even death. According to the legal claims, the Bard Recovery Filter, the Bard G2 Filter, and the Bard G2 Express Filter were the three brands most associated with deadly complications. Plaintiffs argued that Bard designed faulty IVC filters, failed to warn about known risks associated with the use of the devices, and negligently marketed use of the company’s filters to hundreds of thousands of patients.
Bard Lawsuits Allege Company Knew about Defects
As early as 2004 Bard began receiving complaints about malfunctions in its IVC filter devices that alleged the legs of the device will occasionally break loose and cause potentially serious injury in the victim’s bloodstream. In response to the complaints, the company hired Dr. John Lehmann to submit a report about the risks associated with its filters and how those risks could manifest into future legal action. It is alleged that Bard did not tell the FDA about complaints it had received from patients, or distribute copies of Dr. Lehmann’s report to anyone outside of the company.
During a 2012 lawsuit against Bard alleging defects among the company’s IVC filters, lawyers for Bard accidently sent a copy of the Lehmann report to plaintiffs. Although not all courts have allowed use of the Lehmann report during civil trials against Bard, the document suggests that the company was aware of the potentially fatal defects associated with its IVC filters long before the FDA issued a warning against use of the devices. The Lehmann report is not alone in presenting findings that Bard was aware of the problems associated with its IVC filters, and plaintiffs across the country continue to pursue lawsuits against Bard in federal courts.
Arizona Authorizes Bard IVC MDL
Former Bard IVC filter recipients and their loved ones received good news when a federal court ruling authorized a MDL in Arizona. Potential plaintiffs who have been injured or lost loved ones to faulty Bard IVC filters are able to join together in a common civil action against the company in Arizona. If you or a loved one has been injured by Bard IVC filters, the experienced personal injury attorneys at Pogust Braslow & Millrood are available to listen to your case and assist you in pursuit of your legal claim.