U.S. District Judge David G. Campbell, presiding over all IVC Filter lawsuits filed against C.R. Bard, has allowed claims filed by a plaintiff to move forward to be heard before a jury next month.
The plaintiff received the Bard Recovery filter in 2005 to treat her deep vein thrombosis (DVT) and pulmonary embolism (PE). In 2013, the filter fractured, and small pieces entered into the right ventricle of her heart, due to which she suffered severe complications, including additional medical procedures and surgery to remove the broken pieces. However, some of the filter particles were found to be still inside her body, which couldn't be removed, putting her life at risk. The woman and her husband asserted failure to warn, design defect, misrepresentation, concealment, deceptive trade practices, and loss of consortium claims. C.R. Bard filed a motion for summary judgment to avoid the trial; however, Judge Campbell rejected the motion, indicating that there was enough evidence to allow the case to proceed. The bellwether trial for the plaintiff's claims has been scheduled to begin on May 13.
The plaintiff's lawsuit is one among the more than 7,000 product liability cases pending in the District of Arizona as part of a federal multidistrict litigation (MDL No. 2641; In Re: Bard IVC Filters Products Liability Litigation), covering allegations that the IVC filter sold by the manufacturer caused disastrous internal side-effects due to its faulty design.
