IVC filter lawsuits began making their way through court in March 2018, though out-of-court settlements date back to 2013. IVC filter lawsuits have resulted in substantial jury awards. Another group of plaintiffs who have not yet suffered tremendous harm, but who have been forced to undertake the expense of ongoing filter monitoring, have filed to form a class action lawsuit.
Rutter Mills is a large, award-winning law firm that is offering free consultations to all patients (and their loved ones) who may have been harmed by these medical devices. You owe us nothing unless we take your case and win. Contact us at once to see if you may qualify to file a lawsuit seeking damages.
IVC Filter Lawsuit Settlements Amounts
Notable IVC filter settlements and jury awards include:
Indiana Jury Awards $3 Million in Cook IVC Filter Bellwether Trial (February 2019)
After a month-long trial, jurors concluded that 53-year-old Tonya Branded of Snellville, Georgia was harmed by the negligence of Cook Medical. Brand had a Cook IVC filter inserted prior to spinal fusion in 2009, which subsequently fragmented, breaking through the vein and skin of her thigh in 2011. Another piece remains lodged in her spine.
The judge agreed that there was enough evidence to validate the defective design claim. Brand’s lawyers indicated that Cook knew there were problems with the device prior to its debut on the market, but they did nothing to reduce the risk of injury to patients. Ten experts were called in to testify, including a cardiovascular specialist at the Yale School of Medicine who said there were “multiple warning signs” about the use of these filters and “very little benefits.”
Claims for “failure to warn” were dismissed on summary judgement, so the legal team was not able to present “clear and compelling” evidence that the company’s “reckless indifference” to patient wellbeing warranted the awarding of punitive damages in the final verdict.
Texas Jury Awards $1.2 Million To Houston Firefighter (May 2018)
Houston firefighter Jeffrey Pavlock was awarded $1.2 million for a “failure to warn” claim after his IVC filter perforated his blood vessel and organs. Pavlock’s IVC filter was to be removed seven weeks after implantation, but surgeons could not find the device because it had moved and lodged in a blood vessel. The second surgery to remove the device was unsuccessful and requires ongoing health monitoring.
Arizona Jury Awards Woman Who Underwent Open-Heart Surgery $3.6 Million (March 2018)
The defendant was ordered to pay Georgia woman Sherr-Una Booker $3.6 million after a piece of her IVC filter fractured, requiring open-heart surgery in 2014. A piece of the filter still remains in her body. This verdict represents the first case to go to trial in the U.S. District Court District of Arizona, where over 3,600 IVC filter lawsuits against C.R. Bard Inc. have been filed. The jury reached their verdict after just 6.5 hours of deliberations, concluding that C.R. Bard was 80% responsible for the plaintiff’s injuries. The final result included $1.6 million in actual damages and another $2 million in punitive damages.
Additional IVC Filter Lawsuits Settle for Undisclosed Sums
Some plaintiffs prefer to keep the details of their settlements confidential. In 2013, Bard settled with Michigan plaintiff Lisa Davis, whose G2 series filter implanted in 2006 fractured, migrated, and caused ongoing heart issues in 2008. Her lawyers presented sufficient evidence for “defective device” and “failure to warn” claims.
Another Bard settlement went to Nevada plaintiff Kevin Philips in February 2015, after a piece of fractured IVC filter perforated his heart. It took both parties just 10 days to agree upon an undisclosed sum for the settlement.
Boston Scientific reached a settlement with the family of Cinthia K. Ratliff of Ohio. The woman died in 2013 after the device perforated her vena cava, resulting in internal bleeding. The autopsy report directly cited the IVC filter’s failure as the cause of death, causing the case to promptly settle in March 2017.
Class Action IVC Filter Lawsuit Settlements
Class action lawsuits may be filed by all parties who have suffered the same injury. If the class action is won, each individual named in the settlement will receive an equal share of the total allowance. There are class actions pending in Florida, Pennsylvania, and California for plaintiffs who have not had a fracture or migration of the device, but who must receive medical monitoring due to the manufacturers’ alleged negligence, misrepresentation, concealment of data, and failure to warn. These plaintiffs argue that they should be compensated for the medical monitoring expenses.
Expert Legal Representation Key to Successful IVC Filter Settlement
If you or a loved one have suffered severe complications possibly related to an IVC filter, please contact our firm as soon as possible for a free case review. The plaintiffs we represent are suffering from:
- Punctured organs, arteries, or veins
- Fractured, tilted, or migrated components that are difficult, if not impossible, to remove
- Injuries to the heart, lungs, or legs
- Wrongful death
While bellwether trial verdicts in favor of the plaintiffs can certainly help provide a basis for your claim, settlements are still based on the evidence presented and individual merits of your case. Therefore, it is important that you find an experienced legal team to represent your claim. Contact Rutter Mills to reach award-winning attorneys who have been working on IVC filter lawsuits from the beginning of the litigation.