The lawsuit was filed by Tamari W., a woman from Philadelphia, Pennsylvania who was injured by the Option™ ELITE Retrievable Inferior Vena Cava Filter (“IVC Filter”) manufactured by Argon Medical Devices Inc. and Rex Medical, L.P.
The IVC Filter was surgically implanted in her vein for the purpose of preventing a pulmonary embolism by Dr. Jeffery Weinstein at Albert Einstein Healthcare Network in Philadelphia, PA on January 19, 2015.
On November 17, 2015, a CT scan of her chest revealed a wire leg called a “strut” of the IVC filter had broken off and was now located in the left hepatic lobe of her liver. Another broken strut was located within the inferior vena cava.
On November 18, 2015, she underwent an unsuccessful IVC filter retrieval procedure. A venogram demonstrated a tilted infrarenal Option™ ELITE filter that had fragmented into pieces.
On November 19, 2015, a CT scan of her abdomen confirmed two broken pieces of the IVC were located in her liver and her vein. The next day, she had another unsuccessful IVC filter retrieval procedure. She suffered physical pain and anxiety during the two surgical procedures.
According to the lawsuit:
During this removal procedure, it was confirmed that the Option™ ELITE filter had become embedded in the caval wall, the filter had tilted, and the filter had fragmented.”
The defective filter was retrieved on a third attempt after two prior attempts at retrieval had failed, according to the complaint.
Her lawyers accuse Rex Medical and Argon Medical of negligence for failing to adequately test the Option IVC filter for safety, retrievability, and effectiveness to prevent pulmonary embolisms.
The lawsuit was filed on June 20, 2017 in the Philadelphia County Court of Common Pleas — Case ID: 170602170.
There are now 4,000 other IVC filter lawsuits pending against Rex Medical, Argon Medical, Cook Medical, C.R. Bard, B. Braun and other manufacturers in state and federal courts nationwide.
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.