Defective IVC Filter Lawsuit
Since 2005, over 900 complaints have been received by the US Food and Drug Administration (FDA) regarding complications from IVC filter use. In May 2014, the FDA issued a safety notice recommending that patients who had retrievable IVC filters should have them removed in a range of 29 to 54 days – considered the time when the protection from pulmonary embolism (PE) is no longer necessary.
If you or a loved one have suffered due to the negligence of an IVC filter manufacturer, you may be eligible for compensation.What is an IVC Filter?
The inferior vena cava (IVC) is a large vein carrying blood from the lower half of the body to the heart. An IVC filter is a medical device implanted by interventional radiology into the IVC to help catch blood clots that could result in a PE.
A PE occurs when the clots formed in the deep veins of the legs travel to the heart and lungs. IVC filters were created to help catch these clots and help to prevent a PE from occurring. Patients who receive IVC filters do not respond to or cannot be given standard medicinal therapy (blood thinners).
IVC filters were first introduced in 1967 by Kazi Mobin-Uddin. The device was later improved in the 1980’s by Lazar Greenfield and became a major component of PE prevention. The IVC filters in the past were not retrievable, meaning that patients were required to keep them permanently implanted in their IVC.The Dangers of Failing IVC Filters
IVC filters were once considered safe, but now legal claims have been brought against the manufacturers due to poor design and failure to warn against the risks of the device. The high failure rates are centered due to poor function and the device being prone to fracturing or breaking.
The defective IVC filter products having lawsuits brought against them have been known to break. The parts dislodge and puncture organs or make retrieval processes more complicated. Other known side effects of IVC filters include:
- Filter migrations
- Pulmonary embolisms (PE)
- Filter fractures
- Filter Perforations
In the cases that have been reported to the FDA, some side effects have been listed in conjunction with these defective filters. If you or someone you love have an IVC filter and have experienced any of the following symptoms, you may be eligible for compensation.
|Death||Heart Attack||Stroke||Pulmonary Embolism|
|Chest Pain||Trouble Breathing||Perforation of veins or organs||Hemorrhagic pericardial effusion|
|Cardiac tamponade||IVC filter embolization||Tilting of the filter||Fracture of the filter|
|Splintering filter||Embedded filter||Difficult retrieval||Inability to remove the filter|
Studies have even shown that the splintered or broken parts of the IVC filters have penetrated areas of the body, including the heart, lungs, small intestine, large intestine, liver, kidneys, pancreas, spine, other veins throughout the body, diaphragm, and more. A study conducted in 2013 of 591 patients found that recipients of the IVC filters between 2006 and 2009 found that 46% of implanted filters had penetrated the IVC and punctured the organs around it.Manufacturers Listed in Defective IVC Filter Lawsuits
The problems with IVC filters have not been limited to just one or two manufacturers or models. The manufacturers being listed in the IVC filter lawsuits include C.R. Bard, Cordis Corporation, Cook Medical, and Boston Scientific. It is believed that Bard knew about the complications of the IVC filter products offered. The FDA was not warned, nor was the public. Filters that have been brought forth in the lawsuits include:
- Bard G2 Filter
- Bard G2 Express Filter
- Bard Recovery Filter
- Cook Gunther Tulip Filter
- Cook Celect Filter
- Cordis TrapEase Permanent Vena Cava Filter
- Cordis OptEase Retrievable Vena Cava Filter
- Boston Scientific Greenfield Filter
All the lawsuits against the manufacturers and the IVC products claim negligence, design defects, failure to warn, breach of implied warranty, manufacturing defect, and negligent misrepresentation on the part of the companies and their subsidiaries.Do You Need a Lawyer for a Defective IVC Filter?
There are some instances when you may want the help of a lawyer to file a lawsuit for a defective IVC filter. While it may seem overwhelming and even uncertain to pursue legal action against a big manufacturer, a Florida personal injury lawyer can help navigate you through the entire process. You can use the help of an experienced lawyer if:
- You had an IVC filter implanted
- The IVC filter was manufactured by C.R. Bard, Cook Medical, Cordis Corporation, or Boston Scientific
- The implantation of the device occurred during or after 2002
- You experienced any of the common problems associated with these filters, including filter migration, malposition, puncture, perforation, embolism, thrombosis, or infection
The Florida personal injury experts at Frankl & Kominsky Lawyers are experienced with class-action lawsuits and many other practice areas, making it possible for anyone looking to seek compensation for injury or anguish to have the opportunity to do so. As our mantra suggests, we never settle for less. We always make our clients our top priority.What is Negligence?
In personal injury lawsuits, it must be proven that the defendant was negligent, which is why the injury occurred. Negligence, by legal definition, is a theory that must be proven before someone can be held legally responsible for any harm suffered. In Florida, plaintiffs are required to prove four legal elements in court – duty, breach, causation, and damages.
- Duty – The defendant owed a legal duty to the injured party under the circumstances.
- Breach – the defendant broke their legal obligation of that duty by acting (or failing to act) in a specific manner.
- Causation – The actions (or lack of action) on the defendant's part caused the injuries sustained by the plaintiff.
- Damages – The result of the defendant's actions on the plaintiff.
When a group of people has been injured or wronged by the same common denominator, it is possible that they can file a class-action lawsuit. Most class-action lawsuits are found in defective devices or medical malpractice cases, but they are not limited to these areas. In most circumstances, class-action lawsuits only have one or two victim representatives for the group as a whole. The compensation obtained is then distributed among those who file a claim. These types of lawsuits can be brought at the state or federal level.Who to Call for Defective IVC Filter Lawsuits
If you are looking for a Florida personal injury lawyer that will never settle for less, Frankl Kominsky Injury Lawyers in Boynton Beach is who you need to call. Our lawyers are experienced with negligence and class action lawsuit cases such as those encompassing defective IVC filters. Our representation goes beyond, including dangerous property conditions, defective products, medical malpractice, motor vehicle collisions, and other accidents.
Frankl Kominsky Lawyers can help you seek compensation for medical expenses, pain and suffering, property damage, lost income, and other damages resulting from your specific situation. You can schedule your free, no-obligation consultation with one of our experienced trial attorneys today by filling out our online form or calling (561) 800-8000.