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IVC Filter Lawsuit Overview
IVC filter lawsuits involve claims against manufacturers like Cook Medical and Bard for producing allegedly defective vena cava filters. These lawsuits primarily allege that companies failed to adequately warn about serious risks including device migration, fracture, and organ perforation. Thousands of adverse events have been reported to the FDA, with many patients requiring emergency surgery following complications. The FDA has issued multiple safety communications regarding these devices due to the frequency and severity of reported injuries.
Latest IVC Filter Lawsuit Updates
December 3, 2024 – Recent court documents have revealed significant gaps in the communication of IVC filter safety information, emphasizing the need for improved transparency in medical device regulation.
August 22, 2016 – Joan Wiseman filed a lawsuit against Cook Medical Inc., Cook Inc., and Cook Group Inc. in the U.S. District Court for the Central District of California, Southern Division (case number 8:16-cv-01542), seeking damages in excess of $75,000 for injuries caused by a defective Cook Celect IVC Filter [1].
FDA Reports and Statistics
The FDA’s adverse event reports on Inferior Vena Cava (IVC) filters highlight several serious safety concerns:
- Filter Migration: Numerous reports indicate that IVC filters have moved from their original implantation site.
- Filter Fracture and Embolization: Some filters have fractured, with broken fragments traveling to other parts of the body, leading to severe complications.
- Organ Perforation: Cases have been reported where IVC filters perforated adjacent organs, including the heart and lungs.
- Difficulty in Removal: Many patients experienced complications during retrieval, especially when filters became embedded over time.
In response to these risks, the FDA has issued safety communications recommending that retrievable IVC filters be removed as soon as protection from pulmonary embolism is no longer needed to prevent long-term complications [2].
IVC Filter Injuries & Side Effects
IVC filters have been associated with numerous life-threatening complications and side effects.
- Filter Migration: Movement of the device from its intended location
- Filter Fracture: Breaking of filter struts that can travel through the bloodstream
- Organ Perforation: Penetration of filter components through blood vessel walls and into organs
- Embolization: Filter components breaking off and traveling to the heart or lungs
- Deep Vein Thrombosis: Blood clots forming at the filter site
Do You Qualify for a IVC Filter Lawsuit?
You may qualify for an IVC Filter lawsuit if:
- You had an IVC filter implanted
- You experienced serious complications such as device migration, fracture, organ perforation, or embolization
- Your injuries required medical treatment or hospitalization
- You can provide medical documentation linking your injuries to the IVC filter
Evidence Required for a IVC Filter Lawsuit
To successfully pursue an IVC filter lawsuit, you will need:
- Medical records documenting the implantation of the IVC filter
- Documentation of complications or injuries related to the device
- Records of any additional medical procedures required to address complications
- The make and model of the IVC filter that was implanted
Damages You Can Recover
Victims of defective IVC filters may be eligible to recover compensation for:
- Medical expenses for treatment and corrective procedures
- Lost wages and diminished earning capacity
- Pain and suffering resulting from injuries
- Punitive damages in cases of severe manufacturer negligence
IVC Filter Recall Information
Several IVC filters have been subject to recalls by manufacturers or FDA actions due to safety concerns. Recalled models include certain filters from manufacturers like Bard, Cook Medical, and Cordis. These recalls have typically been initiated due to issues such as migration, perforation, and filter fracture leading to serious injuries [3].
Statute of Limitations for IVC Filter Lawsuits
The time limit to file an IVC filter lawsuit varies by state, typically ranging from 1-3 years from the date of injury or discovery of injury. It’s crucial to consult with an attorney promptly to ensure your case is filed within the applicable statute of limitations in your state.
Other lawsuits against Cook Medical Inc:
Related Articles:
- Bard G2 Express IVC Filter Lawsuit
- Bard IVC Filter Lawsuit Florida
- Bard Meridian IVC Filter Class Action
See all related medical device lawsuits our attorneys covered so far.
FAQs
1. Has the IVC Filter Lawsuit Been Settled?
Some IVC filter lawsuits have been settled, but many cases are still ongoing. Settlement amounts vary based on individual circumstances and the extent of injuries.
2. How Much Is My IVC Filter Case Worth?
The value of an IVC filter case depends on factors such as medical expenses, lost wages, pain and suffering, and the severity of complications, typically ranging from thousands to millions.
3. What IVC filters Are Recalled?
Recalled IVC filters include models from manufacturers like Bard, Cook Medical, and Cordis, due to complications like migration, perforation, and filter fracture leading to serious injuries.
4. What is the success rate of IVC filter lawsuits?
Success rates vary depending on the specific circumstances of each case, including the severity of injuries, evidence available, and the manufacturer involved. Many cases have resulted in successful settlements or verdicts for plaintiffs.
5. How long does an IVC filter lawsuit take?
IVC filter lawsuits typically take between 1-3 years to resolve, depending on case complexity, court scheduling, and whether the case settles or goes to trial.
Take Action Now: Time-Sensitive Legal Claims
Time is limited to pursue legal action for IVC filter injuries. Most states have statutes of limitations of only 1-3 years from the date of injury or discovery. Delaying action could permanently forfeit your right to compensation.
The Medical Device Litigation Group at Schmidt & Clark, LLP offers:
- Free, confidential case evaluations
- No upfront costs or attorney fees
- Payment only if we win your case
- Nationwide representation in all 50 states
Free Confidential Lawsuit Evaluation: If you or a loved one has had an IVC filter implanted, you should contact our law firm immediately. Our lawyers are evaluating every individual case regardless of whether you have been injured or not. So, if you have received an IVC filter implant, we would like to speak with you. You may be entitled to compensation by filing a suit against the manufacturer and our lawyers can help.
References:
[1] https://www.insd.uscourts.gov/sites/insd/files/MDL%202570%20Schedule%20A.pdf
[2] https://www.fda.gov/medical-devices/medical-device-safety/safety-communications
[3] FDA Medical Device Recalls Database: IVC Filter Recalls.