The lawsuit was filed by Daniel N., a man from California who was injured by the Option™ ELITE Retrievable Inferior Vena Cava (“IVC Filter”) made by Argon Medical Devices Inc. and Rex Medical, L.P.
The IVC Filter was implanted in his vein to catch blood clots and prevent a pulmonary embolism (blood clots in the lungs) on April 28, 2015 at Presbyterian Intercom Hospital by Dr. Joseph Park.
He underwent a retrieval attempt on October 26, 2015 at Presbyterian Intercom Hospital by Dr. Sabeen Dhand. The IVC Filter was successfully removed, but the retrieval procedure was complicated because the filter was tilted, embedded in his vein, and migrated. He required multiple surgeries before the IVC Filter was removed.
The lawsuit charges Rex Medical and Argon Medical devices with the following counts:
- Strict products liability – Failure to warn
- Strict products liability – Design defect
- Strict products liability – Manufacturing defect
- Breach of implied warranty
- Breach of express warranty
- Negligent misrepresentation
- Punitive damages
The lawsuit was filed on November 1, 2017 in the First Judicial District of Pennsylvania — Philadelphia Court of Common Pleas (Trial Division – Civil Section) — In RE: Option Vena Cava Litigation — Case ID: 171004070.
There are now over 4,500 other IVC filter lawsuits pending against Rex Medical, Argon Medical Devices, Cook Medical, B. Braun, C.R. Bard, and other manufacturers in state and federal courts in the U.S.
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.