Jim Adler | The Tough, Smart Lawyer

Americans who have suffered due to defective retrievable IVC filters can seek justice through legal action. With the help of experienced IVC filter attorneys, IVC filter lawsuits are achieving favorable settlements for victims and their families.

Results of IVC Lawsuits

To date, IVC filter lawsuits have produced favorable settlements for victims who’ve pursued legal action with the representation of an IVC filter attorney. These lawsuit results include the following:

  • Following only around one week at trial, on Feb. 9 of 2015, New Jersey-based Bard made a settlement for the IVC filter lawsuit of Nevada plaintiff Kevin Phillips. As in many such injury lawsuit settlements, terms of the settlement have been kept private as part of a confidentiality agreement. Phillips was almost killed and had to have emergency open heart surgery in 2010 when a Bard IVC filter implanted in 2005 migrated to his heart. The plaintiff subsequently filed an IVC filter claim against the manufacturer.
  • Another person who suffered injury when a Bard IVC filter migrated to the patient’s heart and ripped a hole in it also received an IVC filter settlement from C.R. Bard. This lawsuit showed that Bard did not alert medical personnel about a high fracturing rate for the filter during testing. Court documents showed that the Bard Recovery filter fractured at a rate more than 28 times greater than all comparable devices combined.
  • In 2015, 102 IVC filter lawsuits were pending in 11 districts across the country. Such litigation has been combined as multidistrict litigation in U.S. District Court for the Southern District of Indiana. Defendants can elect to make a large settlement or to proceed with individual trials.
  • Also targeted by IVC filter lawsuits has been Cook Medical of Indiana.

How Much Money Can You Claim?

As for how much money you can claim in a lawsuit or receive in an IVC settlement; that depends, in part, on the individual nature of your injury and costs associated with the injury. Families of victims who have died due to defective IVC filter complications may also be able to claim substantial payments for their losses, including, but not limited to: medical bills, funeral costs, loss of future wages, and loss of companionship.

Victims who survive a defective IVC filter may be able to claim payments for lost wages or earning capacity, medical expenses related to the injury, and impacts on the victim’s overall well-being and physical and mental health.

At trial, a jury can weigh all of these factors in determining the amount of an IVC filter claim.

However, to date it’s believed no IVC filter lawsuits have proceeded all the way through trial to a jury verdict. Instead, IVC filter settlements have been made in advance of such a conclusion, sometimes just days after a trial has begun. This can happen when it’s clear early in the trial that plaintiffs would prevail in a jury verdict.

Get an IVC Filter Lawyer

You can get an IVC filter lawyer or attorney by contacting the law firm of Jim Adler & Associates. Our law firm has more than 30 years of experience assisting injured persons with their legal needs. Contact us today for a free case review. Then you can determine if you want to proceed with an IVC filter lawsuit.

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