medical device

A recent NBC new story raised serious questions about the safety of Bard IVC filters. The NBC story reports on two tragic stories of Bard IVC filters fracturing and traveling into the patient’s heart. In one case the Bard IVC filter fractured, traveled to the heart, and forced the patient to undergo emergency open heart surgery. In another case, a blood clot dislodged the Bard IVC filter which led to a puncture of the heart and death. Blood clots are exactly what doctors implant the Bard IVC filter to capture and protect the patient from. More troubling, the report points to sources and documents that show disturbing facts.  Rather than fix the Barc IVC filter or remove it from market, CD Bard brought in outside consultants such as a “high powered public relations firm.”

BARD IVC FILTER CASES CONSOLIDATED

Recently 22 Bard IVC filter cases filed in various federal courts across the country were transferred to the United States District Court in Arizona for multi-district litigation (MDL). The presiding judge is the Honorable David Campbell. An MDL is not the same as a class action, but it is similar because it combines similar Bard IVC filter cases for discovery purposes because most cases have similar legal questions that need answers.

These include:

  • Did companies defectively designed IVC Bard filters ?
  • Had these companies test the IVC Bard Filters before marketing them for sale?
  • Had physicians appropriately warned of the risks and benefits of Bard IVC filter implantation?
  • How did the company respond to reported large adverse events?

The Arizona MDL will allow discovery on these issues and will likely oversee several cases tried before an Arizona jury. This will assess the company’s liability and damages to injured plaintiffs. The legal system knows these trials as “bellwether trials.”

Perdue & Kidd has successfully litigated, tried, and won cases against pharmaceutical and medical device companies both within MDLs and individually. Finally, If you or a family member have sustained injuries from a Bard IVC filter call the medical device attorneys at Perdue & Kidd for a free and confidential case evaluation.


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