The U.S. District Court, District of Arizona was approached by C. R. Bard, the defendant named in the IVC Filter litigation involving the Eclipse filter, to pass a summary judgment for failure-to-warn, misrepresentation, negligence per se, consumer fraud and unfair trade practices, and punitive damages claims made by the plaintiff. As per the court order released in mid-March, the company’s motion to dismiss the plaintiffs’ failure-to-warn and punitive damage claims was rejected.
This would be the second bellwether IVC filter lawsuit which is scheduled to go before a jury on May 15, with a final pretrial conference planned for May 4.
About 3,000 IVC filter lawsuits are pending in the consolidated action against C.R. Bard for its Recovery, G2, G2 Express, G2X, Eclipse, Meridian, and Denali IVC filters wherein plaintiffs claim that due to manufacturing and design defects, Bard filters are more dangerous than other IVC filters and that Bard failed to warn about the higher risks.
