The lawsuit was filed by Ezekiel M. Jr., a man from Florida who was implanted with the Option™ ELITE Retrievable Inferior Vena Cava (“IVC Filter”) manufactured by Argon Medical Devices Inc. and Rex Medical, L.P.
The IVC Filter was implanted in his vein for the purpose of catching blood clots and preventing a Venous Thromboembolism (VTE).
It was implanted on June 3, 2015 at Baptist Medical Center in Jacksonville, Florida by Dr. Andrew D. McBride.
The plaintiff suffered through an unsuccessful retrieval attempt on July 5, 2016 at Baptist Medical Center in Jacksonville, Florida by Dr. Davis Ratliff.
The IVC Filter could not be removed because it was tilted, embedded in the wall of the vein, and perforated through the vein.
The lawsuit is seeking compensation for negligence, failure to warn about side effects, defective design, manufacturing a defective medical device, breach of implied and express warranty, negligent misrepresentation, and punitive damages.
The lawsuit was filed on January 9, 2018 in the First Judicial District of Pennsylvania — Philadelphia Court of Common Pleas Trial Division (Civil Section) — Case ID: 180101388.
There are now over 4,500 other IVC filter lawsuits currently pending against Rex Medical, Cook Medical, B. Braun, C.R. Bard, and other manufacturers in state and federal courts in the United States.
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.
