An Illinois man filed a Bard IVC filter lawsuit August 25, 2017, in the multi-district litigation (MDL) court set in Arizona. The man was implanted with the Meridian® Inferior Vena Cava Filter (IVC Filter) made by C.R. Bard Inc. and Bard Peripheral Vascular Inc.Related: Bard IVC Filter Lawsuit
Bard Meridian® IVC Filter
The IVC Filter was surgically implanted in the man on March 19, 2014 at an Illinois hospital. The blood clot filter was supposed to prevent a pulmonary embolism (blood clot in the lungs), but instead caused the man severe side effects.
Bard Filter not FDA Approved
The Meridian IVC Filter is one of the newer IVC Filters on the U.S. market. It was not approved by the FDA through normal channels. It was, rather, “cleared” by the agency in 2011 under the auspices of its controversial 510(k) process. An accepted 510(k) application allows a medical device maker to put a product on the market if it is judged by FDA to be “substantially equivalent” to other, similar medical devices. This market route, however, also leaves a given device maker vulnerable to potential civil litigation. By contrast, devices approved under regular channels are given “pre-emption” (via the Draconian 1976 Medical Device Act), which allows a given device maker to injure people at will without fear of civil liability. (See Wyeth v. Levine)
Defective Medical Device
The Illinois man’s lawyers accuse C.R. Bard of selling a defective medical device and inadequately testing the Meridian IVC Filter for safety.
C.R. Bard faces 13 charges in the lawsuit:
1. strict products liability – manufacturing defect
2. strict products liability – information defect (failure to warn)
3. strict products liability – design defect
4. negligence – design
5. negligence – manufacture
6. negligence – failure to warn
7. negligence per se
8. breach of express warranty
9. breach of implied warranty
10. fraudulent misrepresentation
11. fraudulent concealment
12. violations of applicable law prohibiting consumer fraud, unfair & deceptive trade practices
13. punitive damages
Illinois Man files Bard IVC Filter Lawsuit
The lawsuit was filed on August 25, 2017 in the U.S. District Court for the District of Arizona — Case No. 2:17-cv-02875-DGC.
This lawsuit will be centralized with more than 2,200 other IVC filter lawsuits now pending against C.R. Bard in Multi-District Litigation (MDL No. 2641) – In Re: Bard IVC Filters Products Liability Litigation.
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by Matthews & Associates
