The lawsuit was filed by Candy Bright R., a woman from Florida who was implanted with the Eclipse® Inferior Vena Cava Filter (“IVC Filter”) manufactured by C.R. Bard an Bard Peripheral Vascular, Inc.
The IVC Filter was surgically implanted in her inferior vena cava, the largest vein in the human body, for the purpose of catching blood clots and preventing a Venous Thromboembolism (VTE).
The IVC Filter was implanted at a hospital in South Carolina on June 4, 2010.
The Eclipse IVC Filter was approved in 2010 through a 510(k) process in which the FDA allows new medical devices on the market so long as they are “substantially equivalent” to an existing device.
The Eclipse IVC Filter is very similar to other IVC Filters manufactured by C.R. Bard, including devices like the Recovery® and G2®. Unfortunately, studies have linked many of Bard’s other IVC Filters with high rates of fracture, vein perforation, and other complications.
The lawsuit accuses C.R. Bard of manufacturing a defective medical device, failure to warn patients about the risk of severe side effects, negligent misrepresentation, breach of implied and express warranty, fraudulent concealment, and more.
The lawsuit was filed on December 26, 2017 in the U.S. District Court for the District of Arizona — Case 2:17-cv-04754-DGC.
It will be consolidated with over 4,500 other IVC filter lawsuits that are currently pending against C.R. Bard 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 serves on the plaintiffs’ steering committee of the Bard IVC Filter MDL.