U. S. District Court Judge Richard Young has recently released the IVC
(Inferior Vena Cava) Filter bellwether trial plan involving Cook Medical
(a medical device manufacturer). Two of the cases will be ready for trial
by October 2, 2017. The third case will be ready by April 2, 2018.
WHAT IS AN IVC FILTER AND WHAT IS THE BASIS OF THE LAWSUIT?
An IVC filter is a medical device that is designed to trap blood clots
before they can reach the heart or lungs. IVC’s are most often used
for patients who cannot take oral anticoagulants (or blood thinners).
Studies and adverse patient reports to the FDA have found that IVC Filters
have risks of moving (migrating), tilting or fracturing leading to a reduction
in blood flow, the release of trapped blood clots and/or punctured organs
and blood vessels. As the result of these studies and adverse reports,
the FDA recommended that the IVC filters be removed after a clot dissipates,
which is typically between 29 and 54 days. However, there are accounts
that retrieval of IVC devices may not be possible if the filters have
migrated, fractured, tilted or become imbedded in scar tissue and/or perforated
arteries or organs. Patient injuries from IVC filters are the basis of
the claim against the manufacturer of the COOK Medical IVC filter (and
other IVC filter manufacturers, such as BARD).
WHAT IS A BELLWETHER TRIAL?
When hundreds or thousands of similar lawsuits have been filed, the Court
will often order the selection of and the trial of a few cases to narrow
issues and give some indication of how courts and juries feel about the
cases. These first cases are called “bellwether” cases. A
bellwether trial is often used by the courts and the defense and plaintiffs’
attorneys to help to facilitate a resolution in a mass tort action or
a multidistrict litigation (MDL). A mass tort action or an MDL occurs
when a large group of people are injured by the same defective medical
device or pharmaceutical drug.
HAVE QUESTIONS OR CONCERNS ABOUT AN INFERIOR VENA CAVA FILTER (IVC FILTER)?
If you would like more information on the safety of IVC Filters, get in
touch with our law firm by calling (502) 242-8877 or by filling out a
contact form on this website (www.bluegrassinjury.com).