The lawsuit was filed by Lamona A., a woman from Iowa who was injured by the G2® Inferior Vena Cava Filter (“IVC Filter”) manufactured by C.R. Bard Medical Inc.
The IVC filter was surgically implanted in her vein on April 18, 2010 to catch blood clots and prevent Venous Thromboembolism (VTE), a life-threatening condition that occurs when blood clots in the lower half of the body travel in the bloodstream until they get trapped in the lungs.
The problem is that IVC filters themselves have life-threatening risks, especially when they are not removed as soon as possible. The metal legs of an IVC filter can wear out from flexing in the vein, fracture, break off, and travel in the bloodstream straight to the heart or lungs.
The G2® and its nearly-identical predecessor, the 1st-generation Recovery® IVC filter, were both associated with a “high prevalence of fracture and embolization” in a study published in November 2010.
Bard withdrew the G2 from the market that same year — just a few months after the G2 was implanted in the plaintiff’s body. The FDA also warned doctors to remove temporary IVC filters in August 2010:
Since 2005, the FDA has received 921 device adverse event reports involving IVC filters, of which 328 involved device migration, 146 involved embolizations (detachment of device components), 70 involved perforation of the IVC, and 56 involved filter fracture
Lawyers accuse Bard of selling dangerous medical devices, failing to issue safety warnings or recalls, and replacing defective older models with equally-defective newer models.
For example, a study in 2012 estimated a 12% fracture-rate for the Bard Recovery, G2, and G2 Express IVC filters. In 2014, a study of 892 patients with the G2 estimated that 38% of G2 filters would fracture within 5 years. The risk was nearly identical to the 40% 5.5-year fracture-risk associated with the Recovery, suggesting similar design defects.
The lawsuit was filed on June 19, 2017 in the U.S. District Court for the District of Arizona — 2:17-cv-01902-DGC.
There are now over 2,000 other IVC filter lawsuits nationwide. The lawsuits have been centralized 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 a trial attorney who serves on the plaintiffs’ steering committee of the Bard IVC Filter MDL.