How Much Can I Get for Pain and Suffering in an IVC Filter Case?

Compensation for IVC filter lawsuits is meant to cover all the costs and damages of the victim and help them get the justice they deserve.

If you file an IVC filter lawsuit, the court will compensate you for pain and suffering; however, the amount awarded will depend on the severity of your injuries and pains.

At Schmidt & Clark, we have highly experienced TORT lawyers that can help you ensure you get the maximum settlement for these damages.

Quick Summary

• You can get compensation of around $200,000 and $750,000 for pain and suffering in your IVC filter case, although, in reality, the figure may be higher or lower based on various factors.
• Determining the exact extent of your pain and suffering is tricky, as judges use several methods to arrive at a reasonable settlement amount.
• There are thousands of IVC lawsuits being filed regularly, with most of them classified as multi-district litigation.

What Is the Role of Pain and Suffering in Your IVC Filter Case?

The role of pain and suffering in your IVC filter lawsuit is that they form part of the damages you are requesting compensation for. These damages refer to the losses incurred while using defective IVC products.

Apart from pain and suffering, other losses such as emotional trauma, wage loss, medical expenses, and others comprise the damages you are requesting a settlement for in your lawsuit.

Contrary to what you might think, pain and suffering are subjective damages, which can sometimes be difficult to quantify to determine the right compensation you get.

Most judges will want to know if you are also exhibiting additional signs of pain and suffering, such as amnesia, anxiety, depression, fear, and physical pain and discomfort.

Usually, if you have these symptoms, you will get a higher settlement amount than those who do not experience any of these symptoms.

How to Determine the Level of Pain and Suffering in an IVC Filter Case

Determining the level of pain and suffering in an IVC filter case can be difficult, as there is no laid-down formula to find out the true extent of these damages.

Research strongly suggests that not being aware of IVC filter abnormalities could lead to serious complications and even worse pain and suffering [1].

Nonetheless, judges sometimes try to weigh these subjective and economic damages to arrive at a reasonable figure.

They may also use a quantifier, typically between 1.5 and 4. The higher end, 4, denotes that your pain and suffering are pretty severe.

On the other hand, 1.5 is the lower end, which shows that you suffer from mild injuries with little pain and suffering.

However, be aware that this multiplier does not lead to an automatic decision by the judge in court, especially in special injury cases.

The best way to receive maximum compensation remains your ability to have proper and clear communication with the judge and prove convincingly how the defective IVC product caused your injuries.

What to Do Before Using an IVC Filter to Prevent Pain and Other Conditions

There are important things you must take note of before using an IVC filter. For one, you need to discuss with your doctor the product and how the medical procedure will take place.

Make sure to inform them about any allergies, health conditions, and pregnancy you may have before making use of the IVC filter product.

You should also be willing to sign an agreement form that confirms that you have agreed to utilize the IVC filter and, if possible, discuss with the manufacturer and let them know the type of IVC product that is right for you.

Research strongly suggests that permanent IVC filters are more suitable and should be preferred to retrievable IVC because of the reduced health complications [2].

Also, stay away from food and drinks for at least a day before undergoing IVC filter surgery. This helps to reduce the risks during the surgical procedure.

Cases of People Who Have Suffered From the Wrong Use of IVC Filters

Over the years, tons of people have filed IVC filter cases simply because they suffered from defective IVC products.

For proper illustration, I will give some examples below:

• A woman sued Bard, claiming they were negligent and did not inform doctors of the risks involved, which led to her having heart issues and other serious IVC filter injuries.
• In 2010, another individual filed an IVC filter claim against Cook because Cook’s inferior vena cava filter product broke and migrated to his heart, causing him to need three surgeries to survive. His claim was for unsafe and negligent designs and production processes of Cook.
• In 2011, another woman filed against Bard because of a G2 filter that got damaged within her after two years of installation. She claimed that she was suffering from physical and emotional pain and that Bard was negligent and failed to provide all the necessary information for the device.

There are many more cases out there similar to these. Just as the victims win some of their cases, so do the manufacturers.

The Average Settlement Amount for Pain and Suffering in an IVC Filter Case

Some expert attorneys estimated the average settlement amount for pain and suffering in an IVC filter case is around $200,000 and $750,000.

However, you should know that these figures vary depending on the severity of your case, as you may receive far higher figures if you suffer from serious health problems due to IVC filters.

On the other hand, you might also receive lower figures if you have a mild case or suffer from mild injuries.

Some of the criteria that are often used to determine the amount of settlement you will get include:

• The severity and total duration of the injury from the IVC filter
• The emotional and physical pains you suffered because of the IVC filter injury
• The possibility that you may suffer from pain and mental anguish in the future
• Past or future medical expenses for medical treatment due to IVC filter complications
• Lost wages
• Loss of earning ability

This list isn’t exhaustive, as there are other conditions a judge might want to check out before making a final decision.

“In the United States, the IVC filter implantation rates are 25-fold higher than in Europe. With the current level of evidence, we believe that the appropriate implantation rate in the U.S. should be similar to, or lower than, the rate observed in Europe.”
– Dr. Riyaz Bashir, Professor of Medicine at Temple University School of Medicine

Related Articles:

• IVC Filters Causing Cardiac Tamponade
• Filing a Lawsuit for Delayed IVC Filter Complications

See all related medical device cases we’ve covered.

FAQs

Who Makes IVC Filters?

IVC filters are made by Bard, Atrium, and other medical companies. These companies also have a problem with hundreds of lawsuits filed by people who suffered injuries due to their defective IVC filters.

How Do I Know If I Have an IVC Filter Case?

You will know if you have an IVC filter case once you have an IVC blood clot filter implanted in your body that has caused you several injuries. These complications could include deep vein thrombosis, infections, weak blood clots, fluid buildup, etc.

How Many People Have Filed IVC Filter Lawsuits?

Tens of thousands of people have filed IVC lawsuits. Around 6000 IVC lawsuits have been filed against Cook alone, while people have presented around 8,500 IVC cases against Bard.

Other medical companies with defective implanted IVC filter products are also getting filed against in court by people who suffered injuries.

Get Your Free Lawsuit Evaluation Today

Get in touch with Schmidt & Clark, LLP today via (866) 588 0600 for a free case evaluation if you or a loved one are currently going through pain and suffering and need to file an IVC filter case.

Our expert group of attorneys has gotten more than $50 million in compensation for clients suffering from injuries caused by inferior vena cava filters, and yours will be no different.

You also do not need to worry about the cost of hiring our services, as we only get paid after we have successfully helped you get compensated for damages.

All you need to do is provide us with valuable evidence alongside other vital information that will aid us in our investigation and increase your chances of getting the justice you deserve.

References:

1. https://misuse.ncbi.nlm.nih.gov/error/abuse.shtml 
2. https://pubmed.ncbi.nlm.nih.gov/32335332/