Birmingham IVC Filter Lawsuit
Like many medical innovations, when Inferior Vena Cava filters were new on the medical scene, they were praised for their potential to save lives. But, despite their innovative design and promised potential, these devices did not always perform as they were supposed to.
Many people who have suffered from the harm these devices have caused have filed lawsuits against the manufacturers and medical professionals making and applying them. If you or someone in your family have suffered from the use of an IVC Filter, Hare, Wynn, Newell & Newton is here to help find the full compensation you deserve by law.
We are experienced mass tort lawyers in Birmingham, Alabama. Call us today to arrange a consultation with our defective medical device attorneys about an IVC filter lawsuit.
- 1 What Are the Negative Side Effects of an IVC Filter?
- 2 Which IVC Filters Have Been Recalled?
- 3 What Are the Lawsuits Against Manufacturers of Certain IVC Filters?
- 4 Who is Eligible to File an IVC Filter Lawsuit in Birmingham, AL?
- 5 How Much Will It Cost to File an IVC Filter Lawsuit?
- 6 How Can a Lawyer Help an IVC Filter Lawsuit?
What Are the Negative Side Effects of an IVC Filter?
The Inferior Vena Cava Filter, or IVC filter, is installed in the Vena Cava and works to protect the heart from embolisms or blood clots that can form after surgery. They are not meant to stay in place for longer than 3 months, but the problems can begin long before they are removed.
In 2010, the FDA issued a safety alert on the IVC filter due to a rising number of reports on various problems and complications with IVC Filters. Some of these include:
- Short-term placement complications
- Guidewire penetration
- Formation of arteriovenous fistula, or AVF
- Development of a collapsed lung or blood collecting in the chest wall
- Air embolism, the introduction of air into the blood vessel
- Heart rhythm abnormalities
- Access site bleeding
- Misplacement of the IVC filter
- Long-term placement complications
- Tilting or misplacement
- Failure to open properly
- Back and abdominal pains caused by long-term complications
Which IVC Filters Have Been Recalled?
Because of the risk of complications from the use of the IVC filter, the FDA issued several recalls on the medical device.
Class I Recalls
For defective products that can adversely affect health and potentially cause death.
Cordis OPTEASE Filter
On March 29th, 2013 the FDA issued a Class I recall on the 33,000 units already on the market.
Greenfield IVC Filter System
On March 10, 2004, a recall was placed on 18,000 units in commerce due to the risks of pulmonary and cardiac embolization.
Class II Recalls
For slight threats of a temporary health condition.
Bard Denali Filters
On March 13th, 2013, Class II recalls were made on 1,183 units on the market due to the risks of sepsis and patient hypersensitivity to nickel-titanium alloys.
On March 5th, 2005, a recall was made due to reports these devices were tearing the vein wall. The FDA has not mentioned how many products were on the market, but distribution was made internationally.
Cordis OPTEASE Filter
On September 27th, 2013, a recall was made after a printing error provided incorrect instructions and resulted in additional surgery to remove the device. 29,395 units were already on the market at the time.
Class III Recalls
For products that violate FDA health codes and manufacturing guidelines but are not likely to cause medical issues
Gunther Tulip Filter
On February 25, 2019, Cook Medical recalled 91,731 units on the market for errors on instructions and labels.
What Are the Lawsuits Against Manufacturers of Certain IVC Filters?
Thousands of lawsuits have been filed against companies whose IVC filters have resulted in physical harm and medical complications. 5,500 lawsuits have been made against C. R. Bard and Cook Medical alone. Here are some of the more notable cases:
C. R. Bard Lawsuits
Lisa Davis – Michigan:
2 years after her IVC filter was implanted, the device fractured and migrated to the heart and caused ongoing heart conditions. This case was settled out of courts in 2013.
Sherr-Una Booker – Arizona:
Two years after the IVC implant, a radiologist discovered Sherr-Una’s IVC filter fractured and sent fragments into her heart and later the spine, resulting in the need for open-heart surgery. In March 2018, Sherr-Una was awarded $2 Million in damages and an additional $1.6 million in punitive damages.
Cook Medical Lawsuit
Elizabeth Hill – Florida:
In 2010, Elizabeth Hill received a Cook Celect IVC filter and soon began to feel the effects of fatigue and pain. Three years after the installation of the IVC filter, Elizabeth Hill underwent surgery to have the device removed. It was then found that the IVC filter had perforated her small intestine. The jury found that the evidence was too thin to make a ruling in her favor. Nevertheless, this was one of the first and most important cases against Cook Medical.
Greenfield Filter Lawsuit
The Family of Cinthia K. Ratliff – Ohio
After their Greenfield Cava Filter caused injuries that led to the death of Cinthia K. Ratliff, Boston Scientific was served with a wrongful death lawsuit. It was found that device defects had caused the device to migrate from its location and perforate the Vena Cava, this resulted in intestinal bleeding and subsequently her untimely death. This case was dismissed in 2017 after a resolution was reached out of courts.
Who is Eligible to File an IVC Filter Lawsuit in Birmingham, AL?
IVC filter lawsuits can be filed by anyone who has suffered from the use of an IVC filter or the families of those who have suffered or died from the use of these devices. These lawsuits claim that the manufacturing companies and medical professionals applying faulty products had a debt of responsibility to warn the users of the dangers of these products.
But it will be important to act quickly as there is a time limit in the State of Alabama in which these lawsuits must be filed. This is called the “statute of limitations” and is different from state to state. In Alabama the statute of limitations for filing the lawsuits are:
- Personal Injury — 2 years
- Product Liability — 2 years
- Wrongful Death — 2 years
How Much Will It Cost to File an IVC Filter Lawsuit?
In the aftermath of injury or death of a loved one, it is only natural to be worried and concerned about the future. The last thing anybody will be considering at this time is hiring a costly lawyer. At Hare, Wynn, Newell & Newton, we fully understand this concern and therefore offer our services as your representatives for no upfront fees.
This means we will not charge you anything for our initial consultation and professional legal advice. As a matter of fact, we will not charge you anything at all, unless we win the case. In which case we will take a portion of the winnings from the case to recover the investments of time, dedication, and hard work it takes to handle a case of this magnitude.
How Can a Lawyer Help an IVC Filter Lawsuit?
If you or someone in your family has suffered from the use of an IVC filter, you have the right to seek compensation for your damages. But it is essential that you seek out an experienced mass tort lawyer in Birmingham, Alabama.
Hare, Wynn, Newell & Newton has experience in these matters. We will begin by conducting a thorough investigation and assembling a bulletproof case that will carry heft in negotiations and stand strong in the court of law if need be. We will also apply our expert perspective in calculating the extent of the damages you have suffered and ensure that your case is respected and you are compensated fully.
Don’t forget that the defendants in these cases have a professional team of lawyers at the ready. They will not hand over their compensation without a fight and you will need professional guidance to fight for your rights.
If you are ready to take a stand for yourself and your family, call the law offices of Hare, Wynn, Newell & Newton. We will fight aggressively and professionally for you. Call 855-965-1688 today to schedule your free initial consultation.
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