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Bard IVC Filter Multidistrict Litigation Update

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Plaintiffs filing Bard IVC filter lawsuits claim they suffered serious injuries because the manufacturer failed to disclose suitable warnings regarding the risks from the medical devices. IVC filters are meant to prevent a pulmonary embolism (PE), or a blood clot in the lungs. The filters are metal, cage-like devices implanted in the inferior vena cava (IVC) -the main vein carrying blood from the lower body to the heart. They are designed to stop blood clots from entering the lungs and heart.

However, there are complications from implantation of the vena cava filters. These complications include perforation and erosion of the wall of the IVC, filter fragmentation, and even thrombi developing within the filters and migrating. Research indicates Bard Recovery and G2 filters have a “high prevalence of fracture and embolization”. Filter fracturing can puncture the IVC or other vital organs, causing life-threatening injuries to the patient.

The U.S. Judicial Panel on Multidistrict Litigation (JPML) consolidated approximately two dozen pending Bard IVC filter lawsuits into a federal multidistrict litigation (MDL) before U.S. District Judge David G. Campbell in the District of Arizona. The plaintiffs and defense are in the process of selecting the first cases for bellwether trial. The benefits of consolidating these cases in one court, under one judge, are reducing conflicts, duplication, delay and costs for both parties.

On October 30, 2015, Judge Campbell issued a Case Management Order appointing plaintiffs’ attorneys for the leadership council. The leadership council includes plaintiffs’ attorneys who are responsible for preparing agendas for court conferences and coordinating service, filings, discovery and litigation with Bard IVC filter cases proceeding in state courts.

The plaintiffs’ steering committee (PSC) represents the common interests of all MDL plaintiffs. The PSC comprises volunteer attorneys and paralegals whose responsibilities include:

  • preparing pretrial discovery for all MDL plaintiffs
  • taking depositions
  • scheduling council meetings
  • preparing and distributing a trial package consisting of deposition transcripts and videos, research memoranda, and briefs
  • negotiating potential settlements

The first phase of discovery is due on January 15, 2016. The next status conference is on January 29, 2016.

The Bard IVC Filter MDL is In Re: Bard IVC Filters Products Liability Litigation, MDL No. 2641, U.S. District Court for the District of Arizona.

If you suffered injuries from a Bard Recovery or Bard G2 IVC filter, you may have a potential claim. Contact an attorney at Kershaw, Cook & Talley for a free case consultation at 888-997-5170.

 

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