Despite Dismissal of Certain Claims in This Bard IVC Filter Lawsuit, Case Will Go Forward, as Will Numerous Others Involving Injuries Allegedly Caused by Fracture And Migration Of C.R. Bard’s IVC Filters Report Southern Med Law
C.R. Bard, Inc. has been granted a partial summary judgment by the federal court overseeing a Bard IVC filter lawsuit filed on behalf of a woman who allegedly suffered a perforation of the inferior vena cava and several blood clots due to migration of the company’s G2 IVC filter. According to a ruling issued on June 4th in the U.S. District of Court, Middle District of Florida, the Plaintiff will be unable to pursue claims of failure to warn, manufacturing defect and negligent misrepresentation. However, the Court did uphold her claims of punitive damages and design defect. (Case No. 8:13-cv-01962)
“In dismissing these claims, the Court simply found that the Plaintiff had not presented enough evidence to back her assertions. However, this case is far from over. We are extremely encouraged that the Court allowed the design defect and punitive damage claims to stand, as the ruling bodes well for numerous of other Bard IVC lawsuits pending in U.S. courts that include similar allegations,” says Dr. François Blaudeau, the founder of Southern Med Law. “It will now be up to a jury to decide whether or not the risks associated with the Bard G2 IVC Filter outweigh its benefits.”
IVC filters are small devices that are implanted into the inferior vena cava to “catch” blood clots in order to prevent the formation of pulmonary embolism. Court documents indicate that at least 25 similar Bard IVC filter lawsuits have been filed in U.S. courts on behalf of individuals who allegedly suffered blood vessel perforations and other serious complications due to C.R. Bard’s Recovery or G2 IVC filters. All of the lawsuits involve similar allegations that the devices are defective and that the manufacturer failed to adequately warn of their propensity to fracture, tilt, perforate the vena cava wall or migrate.
On May 18, 2015, plaintiffs in Bard IVC filter lawsuits filed a motion with the U.S. Judicial Panel on Multidistrict Litigation (JPML) seeking the consolidation of all such federally-filed claims in the U.S. District Court for the Northern District of Texas, or alternatively, the U.S. District of Nevada. According to court documents, they argue that doing so will prevent duplicate discovery, avoid conflicting rulings and serve the convenience of the court, witnesses and both parties. The JPML is scheduled to hear Oral Arguments on the matter at its next hearing session, which is scheduled for July 30, 2015. (In Re: Bard IVC Filters Products Liability Litigation – MDL No. 2641)
“The dismissal of certain claims in the Florida case should have no bearing on the JPML’s decision regarding the consolidation of the Bard IVC filter lawsuits now pending in federal courts. The Panel will simply address the question of whether or not consolidation of the docket will improve judicial efficiency,” says Blaudeau.
As both an attorney and practicing physician, Dr. François Blaudeau possesses a unique understanding of the medical and legal issues at the center of the Bard IVC filter lawsuits. His first-hand knowledge of medicine has made Southern Med Law an aggressive and effective advocate for those who were harmed due to negligent medical device manufacturers. If you or a loved one were injured by a Bard IVC Recovery or G2 filter, please contact Southern Med Law today to learn more about your legal rights. You can arrange for a free, no obligation Bard IVC lawsuit review by visiting www.southernmedlaw.com, or by calling the office directly at 205-547-5525.
About Southern Med Law
Southern Med Law is a patient and consumer advocacy organization providing legal representation to the victims of negligent personal injuries, medical malpractice, dangerous drugs, faulty medical devices and defective products. Led by Dr. François Blaudeau, an attorney and a practicing obstetrician/ gynecologist, the legal staff at Southern Med Law possesses a deep understanding of the complex medical and legal questions at issue in all manner of product liability and personal injury claims. They’re not afraid to take on the nation’s largest corporations in their pursuit of justice, and are committed to ensuring that all victims have access to the type of aggressive legal advocacy that assures success.
Southern Med Law
2224 1st Ave., North
Birmingham, AL 35203
Phone: (205) 547-5525
Fax: (205) 547-5526