The family of a woman who died of complications from an inferior vena cava (IVC) filter has filed a lawsuit against manufacturer C.R. Bard for failing to warn about the risk. According to a report in the Daily Hornet, the wrongful death lawsuit was filed on behalf of a deceased woman who was injured by the Recovery brand IVC Filter. The device was surgically implanted in March 2005 at a New Jersey hospital. The woman later moved to Texas where she was injured by the broken filter. IVC filter lawsuits alleging similar injuries continue to be filed across the U.S. as injured patients and families come forward.
What are the Claims Alleged in the Lawsuit?
The lawsuit alleges that C.R. was negligent in manufacturing and marketing a defective medical device and failing to adequately warn patients of the risks involved. Further, the lawsuit claims that the company fraudulently concealed safety hazards and downplayed the side effects that ultimately contributed to the plaintiff’s death. Family members contend that had they known of these risks and side effects they may have looked for alternate treatment. However, without the knowledge of the grave dangers that defective IVC filters pose to patients, many who are treated with these devices are not given the chance to made an educated choice.
Why are IVC Filters Dangerous?
The most common danger associated with IVC filters is the device becoming detached and migrating through the veins to other parts of the body. The device can puncture major organs and cause severe damage and internal bleeding. Another concerning risk is the filter breaking into pieces and puncturing veins. In 2010, the U.S. Food and Drug Administration (FDA) warned that there had been nearly 1,000 reports of injuries related to the migration, perforation or fracture of the IVC filters.
Given these significant risks, the FDA advises that IVC filters should be removed as soon as possible and suggests removal take place from 29 to 54 days after implantation. It is also important that patients discuss their specific conditions and risks with doctors before determining whether IVC filters are the best course of treatment and if it is the safe and reasonable way to go.
Did C.R. Bard Know About the Dangers?
In 2005, C.R. Bard withdrew the Recovery IVC Filter from the market without issuing a recall. This decision came after the results of an internal study showed that the device had higher rates of failure in comparison to other IVC filters currently on the market. Although C.R. Bard knew of the results of the study, the company failed to provide doctors and patients with this information. According to attorney’s handling the wrongful death lawsuit, this was a decision that put money over the safety of the public.
Contact and Experienced IVC Lawyer
If you or a loved one has suffered an injury after being treated with an IVC filter, you may be able to receive compensation for your medical bills, lost income and pain and suffering, among other losses. Our firm is working with experienced ICV filter lawyers across the country, who are investigating these cases. They may be able to file an IVC lawsuit for you, and they charge no fee unless you win an award or settlement. For a free (no obligation) case evaluation, call our toll free number at 1-800-992-6878 or fill out a contact form online.
Source:
Paul d’Oliveira
Attorney Paul d’Oliveira has been practicing personal injury and disability law for over 30 years. He started his personal injury law practice in 1989 with two offices in Fall River, MA and East Providence, RI. Today his firm has 16 offices in RI and Southeastern, MA.
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