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Filing a Lawsuit for Delayed IVC Filter Complications

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C.L. Mike Schmidt Published by C.L. Mike Schmidt

Even if you do not develop IVC filter problems immediately, you can still file a lawsuit. The time frame for filing lawsuits varies based on your state’s laws and your case’s specifics.

You may have a time duration of around four years if your case is based on a defective IVC product, or you may get a time duration of approximately two years, so hiring experts in this field is needed.

At Schmidt & Clark, our highly experienced attorneys are readily available to help you file a solid lawsuit in record time and receive compensation for damages.

Quick Summary

  • You can still file a lawsuit even if you do not experience IVC problems immediately, as long as the statute of limitations is still valid for your case.
  • Be aware of your state’s statute of limitations since each one has different statutes of limitations for various types of cases.
  • The discovery rule allows for some flexibility in the statute of limitations, giving victims more time to file a lawsuit.

What Is the Statute of Limitation for an IVC Filter Lawsuit?

Balance scaleThe statute of limitations for an IVC filter lawsuit is two years on average, and the starting date depends on the state and the laws within it.

In most cases, the starting date usually begins when you discover an IVC filter injury. However, there are certain instances where this law may not apply.

In some states, the statute of limitation for an IVC filter lawsuit begins when the plaintiff experiences symptoms from the injury, becomes aware that the IVC filter is responsible for their injuries, gets diagnosed with an injury, or undergoes corrective surgery.

In rare cases, some states may decide that the countdown begins on the day you got injured—a situation commonly referred to as a “statute of repose.”

This is why you should check with your state laws to know exactly how many years you have to file an IVC filter lawsuit.

What Does the Discovery Rule Mean for IVC Filter Lawsuits?

The discovery rule is a principle that permits the statute of limitations in your IVC filter lawsuit to begin counting once you have discovered that there is something amiss with the IVC filter.

In some other cases, the discovery rule could allow the date to begin counting once a doctor diagnoses you with a specific health condition or once you develop symptoms of a health disorder caused by a flawed filter product.

Also, research strongly suggests that the discovery rule does not supersede the statute of repose used by some states in the United States [1].

The statute of repose limits the amount of time the discovery rule makes available for you to file a claim. Sometimes, you may be unable to file a claim even if you haven’t discovered the injury so long as the allotted duration has passed.

Finally, the discovery rule will not cover people who refuse to seek medical help immediately after experiencing any symptoms. At this point, they are solely responsible for the cost of damages.

IVC Filter Lawsuit Limitations

Balance Scale

IVC filter lawsuit limitations vary depending on whether you are filing a personal injury lawsuit or a product liability case, both of which come with different time limits across all the states of the United States.

These are the IVC filter lawsuit limitations across various states for personal injury cases:

State IVC Filter Lawsuit Limitation for Personal Injury Cases
Alabama Two years starting right after the date the injury was or should have been discovered.
Alaska Two years starting right after the date the injury was or should have been discovered.
Arizona Two years starting right after the date the injury was or should have been discovered.
Arkansas Three years starting right after the date the injury was or should have been discovered.
California Two years starting right after the date the injury was or should have been discovered.
Colorado Two years starting right after the date the injury was or should have been discovered or three years if a car is involved.
Connecticut Two years starting right after the date the injury was or should have been discovered.
Delaware Two years starting right after the date the injury was or should have been discovered and three years if the injury isn’t discovered within two years.
District of Colombia Three years starting right after the date the injury was or should have been discovered and one year after death for wrongful death claims.
Florida Four years starting right after the date the injury was or should have been discovered.
Georgia Two years starting right after the date the injury was or should have been discovered.
Hawaii Two years starting right after the date the injury was or should have been discovered.
Idaho Two years after the date the injury occurred.
Illinois Two years after the date the injury occurred.
Indiana Two years after the date the injury occurred.
Iowa Two years after the date the injury occurred.
Kansas Two years after the date the injury occurred.
Kentucky One year starting right after the date the injury was or should have been discovered or two years if a car is involved.
Louisiana One year after the date the injury occurred.
Maine Six years after the date the injury occurred.
Maryland Three years after the date the injury occurred.
Massachusetts Three years after the date the injury occurred.
Michigan Three years after the date the injury occurred.
Minnesota Six years after the date the injury occurred for negligence claims.

Four years after the date the injury occurred for medical malpractice claims.

Three years after death for wrongful death claims.

 

Mississippi Three years after the date the injury occurred.
Missouri Five years after the date the injury occurred.

Two years after the date of injury occurred for medical malpractice claims.

Three years after death for wrongful death claims.

 

Montana Three years after the date the injury occurred.
Nebraska Four years after the date on which the injury occurred.

Two years from date of injury for medical malpractice, or one year after the injury was discovered.

Two years after death for wrongful death claims.

Nevada Two years after the date the injury occurred.

Three years from the date of injury for medical malpractice claims, or one year after the injury was discovered.

New Hampshire Three years after the date on which the injury occurred.
New Jersey Two years after the date the injury occurred.
New Mexico Three years after the date the injury occurred.
New York Three years after the date the injury occurred.

Two years and six months after date of injury occurred for medical malpractice claims.

Two years after death for wrongful death claims.

 

North Carolina Three years after the date the injury is or should have been discovered.
North Dakota Six years after the date the injury occurred.

Two years from the date of injury for medical malpractice claims or possibly six years after the injury was discovered.

Two years after death for wrongful death claims.

 

Ohio Two years after the date the injury occurred.

One year after the date the injury occurred for medical malpractice claims.

 

Oklahoma Two years after the date the injury occurred.
Oregon Two years after the date the injury occurred.

Three years after death for wrongful death claims.

 

Pennsylvania Two years after the date the injury occurred.
Rhode Island Three years after the date the injury occurred.
South Carolina Three years after the date the injury occurred.
South Dakota Three years after the date the injury occurred.

Two years after the date the injury occurred for medical malpractice claims.

 

Tennessee One year after the date the injury occurred.
Texas Two years after the date the injury occurred.
Utah Four years after the date the injury occurred.

Two years after the date the injury occurred for medical malpractice claims.

Two years after death for wrongful death claims.

 

Vermont Three years after the date the injury occurred.

Three years after the incident for medical malpractice claims, or 2 years after the discovery of the injury.

Two years after death for wrongful death claims.

 

Virginia Two years after the date the injury occurred.
Washington Three years after the date the injury occurred.

Three years after the incident for medical malpractice claims, or 2 years after the discovery of the injury. 

West Virginia Two years after the date the injury occurred.
Wisconsin Three years after the date the injury occurred (two years after a motor vehicle accident if death results).
Wyoming Four years after the date the injury occurred.

Two years after the injury for medical malpractice claims unless discovery occurs in the second year, then extended by six months.

Two years after death for wrongful death claims.

 

The following are also IVC filter lawsuit limitations across various states for product liability cases:

State IVC Filter Lawsuit Limitation for Product Liability Cases
Alabama Two years starting right after the date the harm was or should have been discovered.
Alaska Two years starting right after the date the harm was or should have been discovered.
Arizona Two years starting right after the date the harm was or should have been discovered.
Arkansas Three years starting right after the date the harm was or should have been discovered.
California Two years starting right after the date the harm was or should have been discovered.
Colorado Two years starting right after the date the harm was or should have been discovered.
Connecticut Three years starting right after the date the harm was or should have been discovered.

10-year statute of repose beginning once the manufacturer or seller parted with the product.

Delaware Two years starting right after the date the harm was or should have been discovered.
District of Colombia Three years starting right after the date the harm was or should have been discovered.
Florida Four years starting right after the date the harm was or should have been discovered.

The 12-year statute of repose with exceptions.

Georgia Two years starting right after the date the harm was or should have been discovered.

1 year from the date of death.

The 10-year statute of repose with exceptions.

Hawaii Two years starting right after the date the harm was or should have been discovered.
Idaho Two years after the date the harm occurred.

The 10-year statute of repose with exceptions.

Illinois Two years after the date the harm occurred.

12-year or 10-year statute of repose beginning once the product is sold or once the product is delivered to the first owner, respectively.

Indiana Two years after the date the harm occurred.

The 10-year statute of repose with exceptions

Iowa Two years after the date the harm occurred.
Kansas Two years after the date the harm occurred.
Kentucky One year starting right after the date the harm occurred.

5-year or 8-year statute of repose beginning from the sale date or manufacture date, respectively.

Louisiana One year after the date the harm occurred.
Maine Six years after the date the harm occurred.
Maryland Three years after the date the harm occurred.
Massachusetts Three years after the date the harm occurred.
Michigan Three years after the date the harm occurred.
Minnesota Four years after the date the harm occurred.
Mississippi Three years after the date the harm occurred.
Missouri Five years after the date the harm occurred.
Montana Three years after the date the harm occurred.
Nebraska Four years after the date on which the harm occurred.

The 10-year statute of repose beginning date the product is first sold.

Nevada Four years after the date the harm occurred.
New Hampshire Three years after the date the harm occurred.

The 12-year statute of repose begins once the product is manufactured and sold.

New Jersey Two years after the date the harm occurred.
New Mexico Three years after the date the harm occurred.
New York Three years after the date the harm occurred.
North Carolina Three years after the date the harm is or should have been discovered.
North Dakota Six years after the date the harm occurred.

The 10-year statute of repose from the date of the initial purchase or within 11 years of the date of manufacture.

Ohio Two years after the date the harm occurred.
Oklahoma Two years after the date the harm occurred.
Oregon Two years after the date the harm occurred.

The 10-year statute of repose with exceptions.

Pennsylvania Two years after the date the harm occurred.
Rhode Island Three years after the date the harm occurred.
South Carolina Three years after the date the harm occurred.
South Dakota Three years after the date the harm occurred.

The 6-year statute of repose begins after purchase.

Tennessee One year after the date the harm occurred.

10-year statute or repose with exceptions.

Texas Two years after the date the harm occurred.

The 15-year statute of repose.

Utah Two years after the date the harm occurred.
Vermont Three years after the date the harm occurred.
Virginia Two years after the date the harm occurred.
Washington Three years after the date the harm occurred.

The 12-year statute of repose.

West Virginia Two years after the date the harm occurred.
Wisconsin Three years after the date the harm occurred.

The 15-year statute of repose with exceptions.

Wyoming Four years after the date the harm occurred.

 

“Effective IVC filtering remains one of the toughest problems in the cardiovascular space.  If left in the body, metal filters can create safety risks that increase dramatically over time.”
Duke Rohlen, CEO of Cordix-X
 

Common Problems You May Face From IVC Filters

Book open on a table next to gavelResearch strongly suggests that common problems you may face from IVC filters include thrombosis, filter fracture, device infection, IVC perforation, and pulmonary embolism, among others [2].

Apart from these IVC filter complications, there are other conditions you might likely face from IVC filters, including blood clots in the veins and IVC occlusion.

IVC occlusion occurs when the inferior vena cava vein is blocked, causing blood to cease flowing into that vein.

If you are experiencing any of these complications, you should visit a medical professional for proper treatment before it escalates.

Why Are People Filing IVC Filter Lawsuits?

People file IVC filter lawsuits to be compensated for injuries sustained as a result of defective IVC filters implanted in them.

Also, studies have shown that C.R. Bard is the manufacturer associated with the most lawsuits, with 48.8% of cases filed against them [3].

Doctors implant IVC filters that sometimes get compromised within the body, leading to serious health issues and surgeons having to utilize revision surgery to make the right changes.

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Have you or a loved one suffered severe pain or injury from a defective medical device?

Several IVC filter patients who keep filing IVC filter cases have stated that it is a result of one of these problems:

  • The inferior vena cava (IVC) filters are damaged in their design and manufacturing.
  • The retrievable IVC filters stand a high chance of causing fracture and migration to the body.
  • The IVC filter implant causes a high risk of organ and tissue perforation in the body.
  • The IVC filter manufacturers, out of negligence, do not warn doctors and patients about the possible risks of the products.
  • IVC filter manufacturers intentionally chose to conceal information that proves the IVC products were dangerous.

“Millions of patients have IVC filters that are no longer indicated, and CavaClear helps physicians experienced in IVC filter retrieval work towards the goal of safely removing such devices, in line with regulatory guidance.” -Dr. Desai, Medical Doctor at Stanford Hospital.

Can Non-Injured Patients Sue IVC Manufacturers?

Balance scale on table

Non-injured patients can only sue IVC manufacturers if they have evidence that the producer caused their injuries through negligence or defective products.

For medical monitoring claims, they can only sue IVC manufacturers on four occasions, which are:

  1. If they have evidence that they were exposed to a defective IVC filter.
  2. If they run the risk of a serious injury or illness because of the manufacturer’s negligence.
  3. If they are currently undergoing a medical test to check for possible symptoms.
  4. When they require medical monitoring, that usually involves high expenses.

Related Articles:

See all medical device lawsuits our attorneys covered so far.

What Are the Preconditions for Filing IVC Lawsuits?

Books on a table

The preconditions for filing IVC lawsuits are based on four circumstances: negligence, design flaws, manufacturing defects of IVC filter implanted, and lack of appropriate information or wrong labeling.

  • Negligence means the defendant failed to provide the proper care for the plaintiff.
  • Design flaws prove that IVC medical devices are dangerous and can lead to serious complications.
  • Manufacturing defects show that the product is below the required quality standards.
  • Lack of information or wrong labeling happens when doctors and patients are not informed about certain product features and their safe usage, causing injuries.

Also, studies have shown that failure to insert the filter, intra-procedural complications, and failure to remove the retrievable IVC filter were the most common reasons people filed IVC filter lawsuits in court [4].

“We are deeply moved to see Philips IVC Filter Removal Laser Sheath – CavaClear  – have a positive impact on the lives of patients, and the ability to provide physicians with access to a safe, effective and efficient option for advanced IVC filter removal.”
Atul Gupta, Interventional Radiologist and Chief Medical Officer for Image Guided Therapy at Philips

FAQs

What Happens if I Leave an IVC Filter In for Too Long?

If you leave an IVC filter in for too long, it can puncture the vein, become loose, and move elsewhere, causing blockages or damage.

Is IVC Filter Removal a Major Surgery?

IVC filter removal can become a major surgery when IVC filter remains long enough in the body. Research strongly suggests that IVC filter retrieval practice at a single institution can be improved by implementing a simple audit intervention [5].

What Are the Symptoms of a Defective IVC Filter?

The symptoms of a defective IVC filter include chest pain, neck pain, nausea, lightheadedness, excessive blood flow, and blood clot, rapid breathing, deep vein thrombosis, and an abnormal heart rate, among others.

Can an IVC Filter Cause Leg Pain?

An IVC filter can cause leg pain once it begins to break and parts of it migrate to the leg area. Essentially, any part of the body the broken components of inferior vena cava filters migrate to could also lead to pain and discomfort.

File Your IVC Filter Lawsuit Today

At Schmidt & Clark, LLP we have a team of experienced attorneys ready to discuss your case and help file an IVC filter lawsuit.

Should this be the case, you can contact us at (866) 588-0600 to get a free case evaluation so that we can help you explore your options and ensure you get compensated for damages.

We will also help you conduct top-tier investigations and find valuable information for your lawsuit.

Our goal is to help you get compensation for your health problems and gain justice, so schedule your free appointment today.


References:

  1. https://www.justia.com/injury/medical-malpractice/statutes-of-limitations-and-the-discovery-rule/
  2. https://misuse.ncbi.nlm.nih.gov/error/abuse.shtml 
  3.  https://misuse.ncbi.nlm.nih.gov/error/abuse.shtml 
  4. https://misuse.ncbi.nlm.nih.gov/error/abuse.shtml 
  5. https://www.ncbi.nlm.nih.gov/pmc/articles/PMC6724619/

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