The lawsuit was filed by Robert Z., a man from Valhalla, New York who was injured by the Vena Tech® Inferior Vena Cava Filter (“IVC Filter”) manufactured by B. Braun Medical Inc.
The IVC filter was surgically implanted in his vein on November 18, 2015 by Dr. Carlos Tulla at White Plains Hospital Center in NY.
He underwent a chest CT scan ten days later, on November 28. It demonstrated that the Vena Tech filter had migrated to the right atrium of his heart.
He was immediately transferred to Weill Cornell Medicine in New York City for emergency surgery to remove the IVC Filter. According to the lawsuit:
This procedure revealed that portions of the filter had become embedded within the vena cava wall and that blood clots had occluded the filter and extended above the location of the filter.”
As a result of the failure of the IVC filter, and the surgery required to remove it, the plaintiff will require ongoing medical care and monitoring for the rest of his life.
Lawyers accuse B. Braun of continuing to advertise IVC filters as safe and effective, even though clinical trials did not adequately support short-term or long-term use.
B. Braun is currently participating in the PRESERVE clinical trial, a safety study the FDA required in 2015 after warning about IVC filter side effects. B. Braun will follow up with 300 patients who receive the Vena Tech IVC filter over the next few years.
The manufacturer is accused of failing to warn that the Vena Tech IVC Filter was subject to breakage, collapse, migration, fracture, causing blood clots, and vein perforations.
The lawsuit was filed on May 30, 2017 in the Philadelphia County Court of Common Pleas — Case ID: 170504162
The defendants are against B. Braun Medical Inc., B. Braun Interventional Systems Inc., and B. Braun SAS.
The plaintiff is represented by Ben C. Martin, Esq. of The Law Offices of Ben C. Martin in Dallas, Texas; Stephen A. Sheller, Esq. of Sheller, P.C., in Philadelphia, Pennsylvania; and counsel Thomas J. McKenna of Gainey McKenna & Egleston in New York, NY.