The lawsuit was filed by Christine G., a woman who was implanted with the Option™ ELITE Retrievable Inferior Vena Cava (“IVC Filter”) on May 16, 2016 at Lovelace Medical Center in Albuquerque, New Mexico.
Option was implanted in her body for temporary protection against blood clots in her lungs (pulmonary embolism). The FDA recommends removing IVC filters within 29-54 days due to the risk of side effects. It remained in her body for more than a year.
Her doctor tried to remove the filter in April 2016, but discovered that it was tilted. He gave up after multiple unsuccessful attempts to snare the hook of the filter.
In October 2016, another doctor tried to remove the filter. The removal was successful, but complicated because the filter was “deeply embedded in her inferior vena cava,” according to the lawsuit.
Lawyers say Rex Medical and Argon Medical Devices should have known the device was defective and unreasonably dangerous.
The FDA approved the Option without clinical trials because it was similar to other IVC filters on the market — including the C.R. Bard Recovery and G2, which have been linked to a 40% 5-year risk of fracturing, hundreds of injuries, and dozens of deaths.
The lawsuit was filed on December 22, 2016 in the Philadelphia Court of Common Pleas — Case No. 161202539.
There are now approximately 2,500 other IVC filter lawsuits now pending against Rex Medical, Cook Medical, and C.R. Bard. Most of these lawsuits have been centralized in Arizona and Illinois.
The plaintiff is represented by attorney Ben C. Martin of The Law Offices of Ben C. Martin in Dallas, Texas; and attorney Stephen A. Sheller of Sheller, P.C., in Philadelphia, Pennsylvania.