IVC Filter Lawsuit

Why Are People Filing IVC Filter Lawsuits?

IVC filters are small metal devices that are surgically implanted in an individual’s inferior vena cava, a large blood vessel that transports blood to the heart. The filters are intended to prevent blood clots in a patient’s lower body from moving to their heart and lungs, where they can cause serious injury or death.

Unfortunately, in many cases, the filters may have caused more harm than good. There is evidence that many IVC filters malfunction by moving, breaking, and puncturing veins, thus, harming patients. There is evidence that manufacturers knew the devices were dangerously defective and marketed them anyway without providing adequate warnings to surgeons.

When knowledge of the dangers and many instances of IVC filters causing harm became, widely known, injured patients began bringing product liability lawsuits. The most common claims in these suits are strict liability, negligence, failure to warn, breach of warranty, and misrepresentation. An experienced attorney can help you determine what claims you should bring in an IVC filter lawsuit.

What Are the Symptoms of IVC Filter Problems?

Common IVC problems include device migration (the device moves); fracture of the filter, perforation of a vein, tissue, or organs; blood clots; and an irremovable filter. Since these issues are internal, as a patient, you cannot “see” if they are occurring. However, certain symptoms can indicate a possible IVC filter problem.

Common symptoms of IVC filter problems include:

• Shortness of breath
• Coughing up blood
• Chest pain or discomfort
• Irregular heartbeat
• Heart palpitations
• Redness or swelling at the surgical site
• Redness, swelling, or cramping in legs
• Dizziness or lightheadedness
• Nassau, vomiting, diarrhea

Symptoms may appear immediately after your IVC filter surgery or may develop over time. If you believe you are suffering from symptoms from an IVC filter, contact your medical provider immediately. Your number one priority is ensuring your health is taken care of.

Is There a Class Action Lawsuit Against IVC Filters?

To date, no IVC filter class action lawsuit has been filed. However, thousands of IVC filter lawsuits have been filed against multiple IVC filter manufacturers, including Cook Medical, C.R. Bard, Cordis, and Boston Scientific. Many of the lawsuits were consolidated into multi-district litigation (MDL) in Indiana against Cook and multi-district litigation against Bard in Arizona. Although there are similarities, multi-district litigation is different from class action litigation. The multi-district litigation in Indiana is ongoing, while the litigation in Arizona concluded has settled.

Is There a Cook IVC Filter Update?

The multi-district IVC filter litigation against Cook is the most well-known case and is being watched as a possible indicator of future outcomes in IVC filter cases. There are over 8,000 cases in the Indiana MDL.

How Much Is the Average Settlement for an IVC Filter Lawsuit?

Some IVC filter settlements are confidential, and many cases are ongoing, making it impossible to provide an accurate average settlement amount. However, in a serious case, an average settlement would likely be at least $100,000. There have been several multi-million-dollar verdicts in IVC filter cases to date.

It is important to use a reputable, experienced law firm to represent you in IVC filter settlement negotiations. At Gomez Trial Attorneys, we are not afraid to reject low offers and go to trial if needed to get you full and fair compensation for the harm you’ve suffered.

Which IVC Filters Are Recalled?

Several IVC filters have been recalled over the years, including:

• Greenfield vena cava filter – recalled in 2006 & 2007
• Bard Recovery Filter – recalled in 2005
• Bard G2 Filter – recalled in 2010
• Cordis IVC Filters – recalled in 2013
• Bard Denali Filter – recalled in 2014
• Cook Celect Filter – recalled in 2014
• Cook Gunther Tulip Filter – recalled in 2015
• Cook Gunther Tulip and Celect IVC – recalled in 2019

Search the FDA’s Medical Device Recall Database for a full and up-to-date list of all IVC filter recalls. In addition to recalls, the FDA has also issued IVC filter warnings throughout the years.

Not sure what IVC filter you have? Contact your surgeon’s office. They should be able to provide that information. Even if your device has not been recalled, you may still have a legal claim for IVC filter complications.

How Long Do I Have to File an IVC Filter Lawsuit?

The length of time you have to file an IVC filter lawsuit, called the “statute of limitations,” depends on what state you are in and when you discovered the complications. In many states, you have two years from the date you discovered the complications. However, your deadline may be shorter or longer, and the best way to know the statute of limitation for your case is to schedule a free case consultation.

How Long Does It Take to Settle an IVC Filter Lawsuit?

How long it takes to settle an IVC filter lawsuit varies by case. Theoretically, a case can settle as soon as it is filed, but because IVC filter lawsuits are complex and manufacturers are fighting them vigorously, they more often take months to years to settle and finalize. Contact us for your free case evaluation and an assessment of your case, and updates on IVC settlement timing trends.

Need an IVC Filter Lawyer? Get Gomez.

Gomez Trial Attorneys’ team has the experience and resources to effectively represent you in IVC litigation. Don’t just take our word for it. Feel free to read about our team, review our notable case results, and browse our Google and Facebook reviews.

Want to learn whether you have a viable IVC filter lawsuit and how Gomez Trial Attorneys can help? Contact us at (619) 237-3490 or here to schedule your free case evaluation.