The lawsuit was filed by Tracey W., a woman from Michigan who was injured by the Option™ Retrievable Inferior Vena Cava (“IVC Filter”) manufactured by Argon Medical Devices Inc. and Rex Medical, L.P.
The IVC Filter was implanted in her vein to catch blood clots and prevent a pulmonary embolism on May 7, 2012 at Memorial Hospital of South Bend, Indiana by Dr. Thomas J. Fischbach.
On May 24, 2017, approximately 5 years after the IVC Filter was implanted, the plaintiff underwent an attempted retrieval procedure at the University of Chicago in Illinois by Dr. Thuong G. Van Ha and Dr. Amar Singh Mehta.
The IVC Filter was successfully removed, but the retrieval procedure was complicated because the filter was tilted and embedded in the wall of her inferior vena cava.
Rex Medical and Argon Medical Devices are accused of negligence for failure to warn about side effects, selling a defective medical device, manufacturing a defective device, breach of implied and express warranty, and negligent misrepresentation of safety risks.
The lawsuit was filed on December 7, 2017 in the First Judicial District of Pennsylvania — Philadelphia Court of Common Pleas Trial Division (Civil Section) — Case ID: 171200946 — IN RE: Option Vena Cava Litigation (May Term 2017 No. 01600).
There are now approximately 5,000 other IVC filter lawsuits pending against Rex Medical, Cook Medical, and C.R. Bard in state and federal courtrooms nationwide, with most of the lawsuits centralized in a federal Multi-District Litigation (MDL) in Arizona and Illinois.
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.