IVC filters have been linked to an increased risk of fracture which can cause serious injury or death. Our law firm is focused on Cordis and Cook IVC filter cases.
The IVC filter lawsuits have been going on for a long time, too long. Our lawyers frequently get calls from people who are frustrated that their lawyer has “done nothing” to advance their case toward settlement. Our attorneys also get calls from victims who cannot find a lawyer. This page gives you information if you have filed an IVC filter lawsuit or are thinking of filing such a claim.
August 2023: A $3.3 million verdict was awarded to Natalie Johnson by a Wisconsin federal jury in 2021 after she claimed that a piece of C.R. Bard’s vein filter broke and got embedded in her heart. C.R. Bard’s attempt to secure a new trial was denied last week by the Seventh Circuit, which pointed out the company’s inaction regarding certain testimonies during the trial, only to challenge them afterward.
Johnson had the Meridian filter implanted in 2013 as a preventive measure against varicose veins. However, shortly after, a CT scan showed the filter had shifted close to her heart. While most of it was successfully removed, a shard remained, potentially leading to future complications. The jury found Bard at fault for not adequately informing doctors about the risks associated with the filter, but cleared them of negligence and design defect charges. The appellate panel maintained the jury’s decision, underscoring the importance of real-time objections and decisions made during trials.
New Appellate Ruling in Cook MDL Class Action
On December 16, 2022, the Seventh Circuit ruled in favor of two Cook IVC filter plaintiffs, reversing the MDL judge who had dismissed their claim citing the statute of limitations. The court found that Cook could not demand Indiana’s deadline to sue applied because it previously let use of statutes of limitation in the plaintiffs’ home states in the MDL.
Verdicts That Mean Something to You
The big news in these IVC filter cases came in April 2018 when the plaintiff scored their first big win. An Arizona jury awarded a Georgia woman $3.6 million, including $2 million in punitive damages.
Cook Celect to a verdict in May 2018. A Texas jury awarded a firefighter $1.2 million. The key to that verdict was a failure to warn. The jury believed should have properly the company had a duty to warn the man’s surgeon of the risks associated with its IVC filter.
In November 2019, a Pennsylvania jury awarded $34 million to a Georgia woman who was injured by a Rex Medical Option IVC filter.
There were three more plaintiffs’ verdicts in 2021. These were not Cook or Cordis but every settlement amount of jury payout has an impact on settlement negotiations in the other IVC filter lawsuits.
Cook Medical Verdicts
Cook has been hit with large verdicts twice now. The first was for $3 million in Brand v. Cook Medical. in February 2019. Last year, the judge ordered a new trial because of evidence the judge now says should not have been admitted. But the precedential value of the verdict when calculating future Cook Medical IVC filter settlements remains.
There was also a $1.2 million verdict in favor of a firefighter in Pavlock v. Cook Medical in May 2018. The victim sued because his Celect inferior vena cava filter needed to be removed.
COVID has slowed things down to be sure. But Cook is going to have to defend the Celect filter again and again. At some point, it is reasonable to expect them to realize that juries won’t support them which will hopefully lead to a Cook Celect IVC filter class action settlement.
Cook IVC Filter Lawsuit Status Update January 2023
As of December, there are over 8,000 active Cook Medical Celect IVC lawsuits pending. They are not going away.
History of IVC Filters
IVC filters were developed for patients that have trouble with anticoagulation therapy because of concomitant bleeding or a high risk of bleeding. IVC filters have been developed to address these issues. These devices are placed in the IVC. They are designed to allow uninterrupted blood flow while catching pieces of blood clots and preventing them from migrating to the pulmonary arteries. These devices essentially resemble the ribs of an umbrella without the cloth stretched between them.
The first IVC filter was the Mobin-Udin filter developed in 1967. It was replaced by the Greenfield filter in 1973. These first-generation filters required surgical access to the femoral vein for placement and the threshold for their implantation was high.
Over time, IVC filters were able to be placed percutaneously through a large-bore IV placed in the femoral vein. Then the retrievable filters were invented to be placed and left in place permanently or retrieved for months. These filters were attractive for patients needing temporary IVC filter therapy. The same cast of characters we have today jumped into the retrievable IVC filters fray: Cook Medical (Gunther-Tulip), Bard Medical (Bard Recovery Filter), and Cordis (Optease).
IVC Filter Problems
The Bard IVC MDL class action began in August 2015 with 22 IVC filter lawsuits. By the time the MDL closed on May 31, 2019, 8,000 cases had been filed. We have over 8,000 in the Cook IVC Filter class action lawsuit in 2023. How did we get here?
Venous thromboembolism, or the formation of blood clots in the veins, occurs in more than 200,000 Americans per year. Bard’s IVC filters are medical devices placed in the patient’s vena cava designed to catch blood clots for patients at risk for pulmonary embolism. The filters are designed to trap clots before they travel to the lungs. You don’t implant these filters unless the patient is at risk and attempts to mitigate risk using medications have not been effective. Only then do doctors turn to these Bard IVC filters.
But the Bard filters create their own problems. On August 9, 2010, the FDA released information warning of complications with the Bard IVC Filters. That same day, an article that appeared in the Archives of Internal Medicine concludes that the Bard Recovery® Filter has a 25% rate of fracture and the G2® Filter has a 12% rate of fracture.
The IVC filter failures included death, filter migration, caval perforation, filter embolization, pulmonary embolism (PE), caval thrombosis, and filter fracture. In 2018, some data indicate that the G2 IVC filter was failing at a significantly increased rate relative to Bard’s predicate permanent device. This finding was particularly true for migration and perforation. This has led to a lot of lawsuits claiming injury and death. The IVC filter lawsuits allege that these filters can migrate and fracture, causing injury and death. They can also perforate the inferior vena cava. When this happens, removal is sometimes near impossible.
Cook Medical and Cordis
Plaintiffs’ lawsuits allege Cook Medical and Cordis IVC filters are more dangerous than other IVC filters because of their fundamental flaws. These suits claim these filters have a greater risk of perforation, penetration, tilting, fracture, and migration. The victims bringing these lawsuits would concede that these risks are present in all IVC filters. But the key is whether Cook and Cordis were worse.
Still, for all the defective design talk, this is ultimately a failure to warn claim. The plaintiffs believe that Cook and Cordis had a legal and moral obligation to warn both patients and physicians about these risks and the fact that the filters had problems.
Medical Literature on IVC Filters
- Jia Z, et. al: Caval Penetration by Inferior Vena Cava Filters: A Systematic Literature Review of Clinical Significance and Management. Circulation. 2015. Sep 8; 132 (10): 944-52.
- FDA, Removing Retrievable Inferior Vena Cava Filters: FDA Safety Communication (May 6, 2014).
- Joels CS, et. al: Complications of inferior vena cava filters. Am Surg 2003;69:654-9.
Cook Medical Celect and Cordis IVC Filter Lawsuits
The IVC filter lawsuit against Cook and Cordis will continue. If you were injured from a Cook or Cordis IVC filter, reach out to our IVC filter lawyers today at 800-553-8082 or connect with us online. The call or online case review is free.