In Phoenix, a woman that was injured by her defective C.R. Bard G2 filter has been awarded $3.6 million. This was the first bellwether multidistrict litigation of its kind regarding a Bard device. The injured party, Sherr-Una Booker, was implanted with a defective C.R. Bard G2 filter in 2007. Booker experienced a range of negative side effects when her IVC filter fractured and as a result migrated from its initial location and perforated her vena cava.
As it was explained at the onset of this trial there were two phases of litigation. In the first phase, the federal jurors ultimately ruled for $2 million in compensatory damages, Bard being deemed 80 percent ($1.6 million) at fault and an unnamed party doctor 20 percent at fault. In the second phase, the injured party was also awarded $2 million in punitive damages.
At the end of April, C.R. Bard moved for a new trial regarding this decision.
On May 7th, Booker replied by filing an opposition to the motion for a new trial, citing that Bard had failed to adequately show the factors needed for a new trial.
Injured parties across the nation continue to bring lawsuits against the IVC filter manufacturers based on their high failure rates. A large number of the claims are centered around allegations that the manufactures used inadequate safety testing of the various types of IVC filters prior to bringing their devices to market. Injured parties have also pointed to the insufficient warnings manufacturers gave to doctors of the potential complications linked with IVC filters.
As of mid-March, collectively the IVC filter manufacturers C.R. Bard and Cook Medical Inc. saw themselves involved in nearly 7,500 pending lawsuits regarding their various IVC device models.
If you or a loved one has had a procedure involving an IVC filter and has experienced complications and/or negative side effects please contact Naumes Law Group for a free consultation at 844-826-8445 or online at www.naumeslaw.com.