IN THE NEWS: Thousands of IVC Filter Cases Reach Settlement
An update from our earlier post about IVC filters. After years of litigation, several thousand IVC filter cases against C.R. Bard Inc., are coming to a close.
For people living every day with a higher-than-normal risk of blood clots, Inferior Vena Cava filters, or IVC filters, seemed like a means to an end to their health risks—and their fears. Only to find, after undergoing major surgery, these IVC filters have failed them and created more problems than they originally had.
The Maher Law Firm, on behalf of our clients, is suing the manufacturers of certain IVC filters, including C. R. Bard Inc., and Cook. These IVC filters were supposed to catch any potential blood clots before the potentially deadly clots got into the heart and lungs. Instead, the filters are breaking, sending metal prongs throughout the body; they’re permanently lodging themselves in a patient’s IVC; they’re migrating to other vital organs, and; they’re even causing death.
As part of our ongoing efforts to help our clients and potential clients, here is an update on both the Bard IVC cases and the Cook IVC cases.
Please reach out to us with any questions or concerns. We’re here to help: 407-839-0866.
BARD IVC Cases
Thousands of IVC cases against C. R. Bard are coming to a close.
In August 2015, the Judicial Panel on Multi District Litigation (JPML) created MDL 2641, centralizing all federal IVC filter lawsuits against Bard. For the past 4 years, Judge Campbell of the United States District Court for the District of Arizona has overseen all Bard IVC filter litigation. There are currently 8,443 cases pending in the Bard MDL.
Judge Campbell is beginning the process of closing the MDL, and, as of May 31, 2019, no new cases may be filed into MDL 2641. On July 10, 2019 a report will be filed with the Court identifying the status of all cases in the MDL. Several thousand cases are in the process of being settled, and the remaining cases will be sent back in waves to each plaintiff’s home state for trial.
During the Course of the Bard MDL, four individual cases were tried or placed on the trial docket. The trial cases had varied results. Two cases resulted in defense verdicts, one case resulted in a 3.6 million dollar verdict for the Plaintiff and one case was confidentially settled days before trial.
What does this mean for my potential Bard IVC case?
It’s not too late. If your Bard IVC filter has failed you, you can still file a lawsuit. Though no new cases may be filed into MDL 2641, you have two options: 1) New cases must be settled with Bard prior to filing a lawsuit; or 2) new cases must be brought individually in your home jurisdiction. It just cannot be filed as part of the MDL 2641 litigation.
The other manufacturer: COOK IVC cases
MDL 2570 against Cook and its related entities is still pending. Judge Young of the United States District Court for the Southern District of Indiana oversees all Cook IVC filter litigation. As of June 19, 2019 there are 6,343 cases pending against Cook.
The Cook MDL has had three individual cases set for trial. Two cases resulted in defense verdicts and one case resulted in a $3 million verdict for the plaintiff.
In November 2018, the Court implemented a unique program requiring all plaintiffs to file a case categorization form and submit medical records substantiating each plaintiff’s injuries. The deadline to comply with the Case Categorization Order was February 7, 2019. As a result of the Court’s Order, a significant number of cases were dismissed because the plaintiff was unable to substantiate an injury or failed to correctly submit their case categorization form.
What does this mean for my potential Cook IVC case?
Effective May 7, 2019, all newly filed Cook cases must submit a case categorization form and accompanying medical records within 30 days of a filing a lawsuit.
There have no major public settlements in the Cook litigation and Cook has taken the position that it is unwilling to settle cases at this point in the litigation.
The Maher Law Firm will continue to fight for our clients to keep them up-to-date on new information that comes out about IVC filter litigation.