JURY AWARDS $3.6 MILLION IN FIRST BARD IVC TRIAL

In the first bellwether trial of the Bard IVC Filter litigation, a federal jury ruled against the manufacturer C. R. Bard. On March 30, 2018, jurors in Phoenix ordered Bard to pay $1.6 million in compensatory damages to Plaintiff Sherr-Una Booker, who was harmed by an inferior vena cava (IVC) filter made by C. R. Bard. Howard L. Nations of The Nations Law Firm was a member of the trial team and represented Ms. Booker in Court. In the trial that lasted more than 2 weeks, the jury decided that Bard is 80% liable for Ms. Booker’s injuries. Bard was also ordered to pay an additional $2 million in punitive damages, taking the jury only 16 minutes to reach their decision.

This is one of several thousand lawsuits filed against the New Jersey-based Bard Company, the first IVC trial against Bard, and only the second trial against an IVC filter manufacturer, the first being a case against Cook Medical last November in Florida.

In Ms. Booker’s case, the IVC filter tilted, perforated her vena cava, broke apart, and pieces of the metal device then traveled to her spine and heart. As a result, she underwent open-heart surgery in 2014 to repair the damage and attempt to remove the broken filter parts. They were unable to remove a piece of the filter near her heart and it remains there today, leaving Ms. Booker with the ever constant fear that at any moment the piece of metal could move again and cause an imminent risk of death.

WHAT IS AN IVC FILTER?

IVC filters (inferior vena cava filters) are implanted in the vena cava, the largest vein in the body, which carries de-oxygenated blood to the right atrium of the heart and to the lungs. The implants are used in patients for various conditions, namely deep vein thrombosis in the legs. These devices are intended to prevent blood clots from breaking off and migrating to the organs such as the heart, brain and lungs, where blood clots settle and can become life-threatening.

If you or someone you know may have developed complications after IVC implantation, please contact our offices at (800) 269-3050 or fill out this form for a free case evaluation.

IVC Filters Continued to Sell After Manufacturer Aware of Deaths

In the past few weeks, more information has come to the public’s attention as C.R. Bard IVC filters were featured in a two-part NBC Nightly News segment. The year-long investigation raises more serious questions about why medical device manufacturer C.R. Bard continued to sell and market its inferior vena cava (IVC) filters even after the company became aware that its filters were failing and causing death and other serious injuries at significantly high rates. The investigation alone revealed 27 deaths and more than 300 injuries related to the Bard Recovery model IVC filter. The people and injuries featured in this story are real. Their lives were affected in real ways, the same as many others might have been as well. If you are one of those people, please contact our office immediately to see how we might be able to help – (800) 269-3050.

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IVC Filter Lawsuits Expected

By Buck Daniel

A large number of Bard IVC filter lawsuits are expected to be filed within the next few months, each alleging that individuals suffered damage when the IVC filter implants tilted, fractured or migrated inside their bodies causing harm or requiring removal.

C.R. Bard has been unsuccessful in its efforts to settle a number of unfiled cases and as a result, a request has been made to the U.S. Judicial Panel on Multidistrict Litigation (JPML) to centralize the pretrial proceedings for the cases. These proceedings will take place July 30, 2015. If the request is granted, all Bard IVC Filter complaints filed in U.S. District Federal Courts across the country will likely be transferred to one judge, reducing duplicative discovery and making the proceedings more convenient for the parties, witnesses, and courts.