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Compensation for IVC Filter Lawsuits

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C.L. Mike Schmidt Published by C.L. Mike Schmidt
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If you are a victim of a defective IVC filter product, it is only right that you file a compensation claim in court to cover the cost of damages you incurred.

The settlement amount you will receive depends on the severity of your case and the extent to which you suffer from your injuries.

As an experienced TORT lawyer at Schmidt & Clark, I can help you file a solid IVC case and get relief benefits that are well within your rights.

Quick Summary

  • Defendants make compensation offers for IVC filter lawsuits much faster in an MDL action, where all cases are handled as one with a more efficient decision-making process.
  • The settlement offer you will get depends on several factors, such as the extent of your injury and the complexity of your case.
  • You can file an IVC filter lawsuit for punitive damages if you have enough evidence to show that the IVC manufacturer was intent on causing harm to you and other patients.

Steps Involved in IVC Filter Lawsuits

Law room

A typical IVC filter lawsuit usually goes through five steps before the judge decides.

These steps are as follows:

  • The victim files a lawsuit against the IVC manufacturer and presents it in court. The case usually contains all the evidence and provides information about the manufacturer and the doctor who performed the surgical procedure using the IVC implant. In return, the defendant provides a counterclaim in their defense against the plaintiff.
  • Then the investigation begins, which usually involves exchanging information between the plaintiff and the defendant, such as medical records, testimonies, queries, and the provision of requested documents.
  • After this, both the plaintiff and the defendant argue pre-trial motions, trying to convince the judge with evidence during the trial to sway the case in their favor.
  • Finally, the plaintiff and the defendant present their evidence and strong points before the judge in the trial. The judge then decides to favor the defendant or the plaintiff.
  • If the decision favors the plaintiff, the defendant will have to compensate the plaintiff with a settlement amount as relief for the injuries caused by the IVC complications.
  • In some cases, the lawsuit filed by the plaintiff may not reach trial, as the defendant may decide to have a conversation with the plaintiff to reach a compensation agreement.

Compensations for Different Damages Available for IVC Filter Lawsuits

Money and gavel

The compensations given for damages in IVC filter lawsuits differ since the court does not classify all damages as the same.

These compensation amounts are meant to offer relief to the victims suffering from injuries caused by IVC implants and, if possible, to ensure their health is back to the same condition as before the injuries occurred.

Different damages determine compensation amounts:

Medical Expenses

Your medical expenses are usually the first thing the judge considers when deciding on a settlement amount. 

Most times, medical expenses can be very expensive because of the complicated procedure to remove the broken components of the implanted IVC filter within your body.

Apart from this, you might also require continuous medical care and checkups, which is why you are most likely to get highly compensated if you suffer a severe injury.

Job Loss

Man who lost jobIf you were in the middle of a great job before you suffered injuries from the defective IVC implants, chances are that you won’t be able to perform your duties, which may lead to you getting fired.

Also, you lose your wages, potential business opportunities if you are a business person, and reduced earning potential if you had plans of joining the workforce before the incident occurred.

These are the factors judges take into consideration before deciding on the compensation amount you should get from the manufacturer.

Pain and Suffering

Even though they can be challenging to quantify, pain and suffering are crucial components of subjective damage that the judge considers before deciding on a settlement amount.

The essence of compensation for pain and suffering is to provide financial relief against certain symptoms such as depression, emotional trauma, and the struggle you might face going forward because of your injuries.

Related Article: Compensation for “Pain and Suffering” in an IVC Filter Case

Loss of Consortium

Book explaining the loss of consortiumLoss of consortium is a term used in TORT law to describe the emotional trauma that your family and loved ones will suffer because of your injuries caused by defective IVC implants.

Your family might also feel even more deprived when they notice that you may not be able to be as involved in activities as you once were.

This can be a terrible experience, which is why compensations are given to your loved ones to relieve the pains they are going through, knowing that they won’t be able to engage in wholesome activities often with you as they did in the past.

IVC Filter Lawsuits and Wrongful Death Cases

IVC filter lawsuits are filed on behalf of the victims simply because the injuries they suffered were fatal enough to cause their deaths.

Research suggests that the chances of death are greatly reduced when the right IVC filters are implanted within the first four or five days [1].

Lawsuits involving wrongful death cases are handled differently across different states in the United States. 

However, compensations are made to the surviving family members to cater for damages such as funeral expenses, loss of consortium, and financial support.

What Are the Criteria for an IVC Filter Lawsuit?

An attorney reading paperwork in an officeBefore filing an IVC lawsuit, you need to take note of some crucial points that cannot be overlooked.

You have to find out the main reason behind your injuries. Was it caused by negligence, marketing flaws, defective designs, or manufacturing faults?

You will need to ask yourself this question and provide solid evidence to support your claim.

Next, you will need to hire an experienced TORT lawyer who will walk you through options and let you know if the information you have at hand is credible enough for you to file a lawsuit.

After this, you will prepare some paperwork to get your case started and provide other relevant documents, such as medical records and appointment records, to your lawyer, who will set the case in motion after they have made all investigations.

Common IVC Filter Injuries

Numerous IVC filter injuries can occur if the IVC filter implanted within your body is defective or performed incorrectly.

Research strongly suggests that thrombosis and pulmonary embolism are the most common injuries you could suffer from incorrect IVC filter placement or removal [2].

Other common injuries include excessive bleeding, infection, allergic reaction, damage to the blood vessels, blockage of blood flow to the vena cava, leg pain, and swelling, a high risk of blood clots, and organ damage, among others.

Some of these injuries happen when pieces of the IVC filter break off and get into the lungs or the heart area, among other body parts.

When these injuries occur, the fragments of the IVC filter must be taken out of your body because leaving it there for an extended period or even taking it out incorrectly can be very dangerous, if not fatal.

Class Action vs. MDLS in an IVC Filter Lawsuit

A lawyer reading up on law cases in an officeIn a class-action IVC filter lawsuit, all cases are treated the same way, with some plaintiffs selected to represent the interests of the rest.

All compensation given to these plaintiffs will be shared, resulting in small compensation amounts for people with serious IVC filter cases.

On the other hand, MDLS IVC filter lawsuits are grouped since they share similar claims and are sent to a court to handle the proceedings. 

This way, the plaintiffs receive compensation amounts much faster, and the case handling is done more efficiently. This was the case for the Bard IVC filter lawsuits filed because of the defective Bard IVC filters and other devices.

Also, bellwether trials select some cases as samples to foster compensation discussions and agreements between plaintiffs and defendants.

If an agreement isn’t reached, the cases are sent back to their respective district courts, where they will proceed to trial.

It is much wiser to file a lawsuit using an MDL than through class action simply because, with an MDL, your full compensation is guaranteed.

Compensation Procedures Involved in Individual IVC Filter Lawsuit

When making a compensation claim through a personal IVC filter lawsuit, there are due procedures you need to adhere to before any action can be taken to this effect.

You will need to hire an attorney to make investigations and provide evidence if you want to stand a high chance of winning your case. 

This is because the defendant, with the assistance of their attorneys, will provide evidence to refute your claims and avoid paying any compensation.

Should the judge rule in your favor, the defendant will make you a compensation offer, and if you accept it alongside other benefits that come along with it, you will be required to drop the case.

In most settlement cases, the plaintiff is required not to say a word about the settlement offer, and the defendant denies any form of wrongdoing.

The essence of this is to protect the integrity of both parties, which is why it is difficult to know the exact settlement amount of any given lawsuit or confirm those that are reported causing lawyers to rely on estimates instead.

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Settlement Criteria for IVC Filter Lawsuits in Multi-district Litigation

Pen and paperThe settlement criteria for IVC filter lawsuits in multi-district litigation take a different approach.

First, all IVC filter lawsuits are grouped to allow for the easy collection of various information, such as evidence, interrogatories, depositions, etc. All these are collected before the trial period.

Bellwether cases are brought after all relevant information has been disclosed to inform both the plaintiff and the defendant of the likely outcome of the case.

As more bellwether trials are done, the plaintiff and the defendant will most likely be persuaded to agree on a compensation amount known as a global compensation that will be suitable for all lawsuits in the MDL.

This agreed compensation will end all IVC filter lawsuits in the MDL, and the appropriate settlement amounts will be disbursed to all the plaintiffs who were part of the MDL.

Compensatory Damages in IVC Filter Lawsuits

When you file an IVC filter lawsuit, you most likely did that because you want to get compensated for damages.

This is why a settlement agreement is important between you and the defendant to ensure all damages are accounted for.

Usually, these damages include medical expenses associated with the IVC filter injuries, lost wages, emotional trauma, reduced earning capacity, pain from friends and loved ones, etc.

Punitive Damages in IVC Filter Lawsuits

A lawyer explaining punitive damages to a clientPunitive damages are compensation amounts that are given in addition to the regular settlement offer for damages incurred by you.

This case only happens when there is strong evidence that shows that there was an intentional act from the IVC filter manufacturers to cause you to harm through their defective, inferior vena cava filters.

Usually, the judge does this to punish the defendant and prevent similar occurrences from happening.

Punitive damages are often issued in cases involving medical devices and drug products and are quite rare in cases involving negligence [3].

Research strongly suggests that about 5% of verdicts usually come with punitive damages, with courts looking further into this aspect to determine the number of punitive damages that should be issued alongside compensatory ones [4].

This is done to ensure a good ratio between punitive-compensatory damages, provided there is solid proof that the defendant willingly intended to cause harm.

Factors That Determine the Duration of Your IVC Filter Case

A lawyer writing clients an IVC filter caseFiling an IVC filter or blood clot filter case can be pretty demanding, irrespective of whether it is because of negligence or a product defect.

Nonetheless, you must first hire the services of an IVC filter lawyer to help you file a lawsuit within the agreed statute of limitation under the law in your state. Also, the intricacies of your case will determine how long your IVC case will take before settlement.

This is because tons of information and documents will have to be provided and investigated to ascertain that they are genuine, which takes a lot of time. The easier your case is to handle, the less time it will take, and vice versa.

Another factor to consider is the calendar structure of the court in question. Should the court have a full calendar, your case might be adjourned to some future date, especially if it is complicated.

Lastly, if your IVC filter case is categorized as an MDL action, less time will be spent before a settlement offer is reached. 

This is simply because MDLs make the decision-making process much more efficient, allowing you to receive compensation for damages much faster than if it were the other way around.

“Once again, jurors have heard the facts and agreed that these filters are dangerous. After recklessly marketing these products and placing profit over safety, it’s time to acknowledge how risky Bard IVC filter is.”
Laura Baughman, Trial Lawyer at Martin Baughman PLLC

Average Compensation Amounts for Your IVC Filter Lawsuit

The average compensation for your IVC filter lawsuit is estimated to be around $200,000 to $750,000, depending on the severity of your case.

In some cases, the compensation amounts may even be millions of dollars, especially if the plaintiff can provide firm evidence and fully convince the judge of the IVC filter complications they suffered.

“Our IVC filter products are cleared for use by FDA and continue to offer life-saving benefits that have helped tens of thousands of patients for more than 15 years.” – Troy Kirkpatrick, Vice President of Public Relations at BD

Related Articles:

See all related medical device lawsuits our lawyers have covered.

FAQs

How Long Does it Take to Recover From an IVC Filter Implant?

It takes between 24 hours to 48 hours to recover from an IVC filter implant inserted through a vein in whichever part of your body.

How Much Does It Cost to Have an IVC Filter Removed?

It costs around $4000 to $6000 to have an IVC filter removed. This is even cheaper if you have an insurance plan; otherwise, you will have to save up to get it done. 

Are IVC Filters Temporary?

IVC filters are temporary and permanent, readily available to patients based on their preferences. These medical devices are implanted in patients who run the risk of developing deep vein thrombosis or pulmonary embolism.

When Should Retrievable IVC Filters Be Removed?

Retrievable IVC filters should be removed when the patient can take blood thinners or when the patient has a very small chance of having blood clots traveling to the lungs.

Get Compensated for Your IVC Filter Lawsuit Today

Getting compensation for your inferior vena cava filter injuries is quite easy once you get in touch with any of our lawyers at Schmidt & Clark, LLP by phone (866) 588-0600.

We have highly experienced IVC filter lawyers who can help you file a lawsuit with a high chance of success so that you can get compensated for damages.

We also offer free case evaluations, which are beneficial if you want to know if you are eligible to file an IVC filter lawsuit.

We believe that victims of defective products should be fully compensated, which is why we are here to ensure that yours isn’t any different from others who are getting settlement offers.


References:

  1. https://misuse.ncbi.nlm.nih.gov/error/abuse.shtml
  2. https://misuse.ncbi.nlm.nih.gov/error/abuse.shtml
  3. https://www.law.cornell.edu/wex/punitive_damages#
  4. https://www.law360.com/articles/877406/punitive-damages-post-campbell-questions-remain

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