The lawsuit was filed by Robert T., a man from North Huntingdon, Pennsylvania who was implanted with the G2® Retrievable Inferior Vena Cava Filter (“IVC Filter”) manufactured by C.R Bard.
The G2 IVC filter was implanted in his body on April 10, 2008 at University of Pittsburgh Medical Center (Shadyside) by Dr. Kevin McCluskey for the prevention of a pulmonary embolism.
On June 2, 2016, the plaintiff had a CT scan that showed the G2 IVC filter had migrated, was malpositioned, and was perforating the inferior vena cava. On June 16, 2016, Dr. McCluskey attempted to remove the filter, but discovered that it was embedded in the vein.
After multiple unsuccessful attempts to snare the hook of the filter, the filter was unable to be removed, and the procedure was stopped.
During this procedure, Dr. McCluskey discovered that the G2 IVC filter had fractured. Two broken IVC filter struts were identified, one in the plaintiff’s lung and one in the plaintiff’s heart. According to the lawsuit:
Plaintiff suffered significant injuries, including but not limited to an embedded and migrated filter, fracture of the struts, and migration of those struts to Plaintiff’s lung, that occurred as a result of the G2 filter’s failure.”
The filter continues to pose an unreasonable risk of causing thrombosis (blood clots), perforation of organs like the heart or lungs, severe pain, life-threatening complications, and sudden death.
The G2 was linked to the highest fracture-risk of any IVC filter in 2014, when researchers estimated that 38% of G2 IVC filters fracture in 5 years. The filter was implanted in the plaintiff’s body for about 8 years. C.R. Bard pulled it off the market without a recall in 2010. Lawyers accuse the company of selling a defective medical device and failing to warn about risks.
The lawsuit was filed on May 5, 2017 against C.R. Bard Inc. and Bard Peripheral Vascular Inc. in the Allegheny County Court of Common Pleas (Pennsylvania Civil Division) — Case No. GD-17-006947.
C.R. Bard is also facing at least 1,700 other IVC filter lawsuits in a federal 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.