The lawsuit was filed by Annabelle E., a woman from Texas who was implanted with the C.R. Bard Recovery® Vena Cava Filter in February 2005.
Recovery is implanted in the inferior vena cava (IVC) to catch blood clots and prevent pulmonary embolisms. It was introduced in 2003 and pulled off the market without a recall in 2005.
The “market withdrawal” came just months after an internal study at C.R. Bard by Dr. John Lehmann linked the Recovery to higher rates of complications than similar filters on the market.
The FDA never issued safety warnings, but did receive reports of at least 27 deaths and more than 300 non-fatal injuries associated with the Recovery, according to an investigation by NBC News.
Other studies have found high rates of fracture and embolization. In one study, researchers estimated that 40% of Recovery filters would fracture within 5.5 years. In another study, fractures occurred in 25% of patients with the Recovery filters.
Fractured filters and embolization of broken pieces are very serious complications. Patients can suffer sudden death due to irregular heart rhythm. In many cases, the broken piece must remain embedded because it is too dangerous to remove.
Lawyers accuse C.R. Bard of negligence for selling a defective medical device and failing to warn about safety risks.
The lawsuit was filed on December 16, 2016 in the U.S. District Court for the District of Arizona — Case No. 2:16-cv-04430.
It will be centralized with over 1,280 other IVC filter lawsuits now pending against C.R. Bard in Multi-District Litigation (MDL No. 2641)— In Re: Bard IVC Filters Products Liability Litigation.
The plaintiff is represented by Ben C. Martin of The Law Offices of Ben C. Martin in Dallas, Texas. He serves on the plaintiffs’ steering committee of the Bard IVC Filter MDL.
Editor’s note: For more information about IVC Filter lawsuits and your legal rights, please contact The Law Offices of Ben C. Martin.