Bard G2 IVC Filter Lawsuit: MDL Judge Outlines Bellwether Trial Process

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Over 400 Bard G2 IVC filter lawsuits have already been filed and new claims continue to keep coming almost every week. Meanwhile, the MDL judge has outlined the process for selecting 50 lawsuits for the initial bellwether trial expected to be held in the second half of 2017. Hundreds of patients had life-threatening complications from Bard G2 IVC filter side effects, such as device migration and puncturing of heart veins, lungs, and vena cava. The FDA and research studies suggest it may add to the pulmonary artery blockage problem if not removed.

Bard G2 IVC Filter Lawsuit Bellwether Trial

Arizona federal Judge David G. Campbell, who is overseeing the coordinated pretrial proceedings of Bard G2 IVC filter lawsuits, has set in motion the process for bellwether trial. The order dated May 5 postulates that 48 IVC filter lawsuits filed against C.R. Bard will be selected at the initial stage. Each side is allowed to propose 24 claims by June 29.

The list is to be narrowed down to 10 selected Bard G2 IVC side effect lawsuits by December following the examination of plaintiff and defense fact sheets. Six out of 10 will be chosen by March 1, 2017, to undergo the first-phase case-specific discovery process and subsequent bellwether trial. Though the trial date is not yet set, it is expected to be held in the second half of 2017.

Bellwether trial holds immense significance for hundreds of Bard G2 IVC filter lawsuits filed across the United States, as the verdict in such trials sets the tone for future outcomes. It also help IVC filter injury lawyers to read the reaction of juries to evidence and testimony presented. Subsequent trials may seem to be an extension of bellwether trial. The outcome will also have a bearing on out-of-court settlement negotiations.

Bard G2 IVC Filter Lawsuit

The first IVC filter lawsuit was filed in 2010 when the FDA admitted to have received more than 900 adverse even reports. However, the speed of filing these lawsuits picked up after September 2015 following startling disclosures in an investigative report by NBC News. The report linked C.R. Bard’s Recovery IVC filter to 27 deaths and over 300 non-fatal injuries. A subsequent report alleged that Bard G2 IVC filter, the replacement for Recovery filter, was equally flawed.

Cook Medical faces at least 384 product liability claims over complications related to its IVC filter while C.R. Bard is named as a defendant in 400 lawsuits. With the number of claims rising fast, the total number of IVC filter lawsuits is ultimately expected to be in thousands. According to the NBC report, Bard IVC filters have greater failure rate and these are more likely to result in complications.

Manufacturers promoted IVC filters as a secure alternative to prevent blood clots from blocking the pulmonary artery. However, the device is found to pose serious health hazards, as it displaces voluntarily and perforate vital internal organs. Fractures in the filter often cause its parts to enter the blood and damage veins. A study indicates that unless removed after a few months, the IVC filter put users at 30% higher risk of blood clots and 90% greater risk of post-thrombotic disorder. In May 2014, the FDA suggested to remove retrievable filters after one or two months of implanting it to prevent pulmonary embolism. However, retrieval of these filters is also marred with many complications and tilted filters put patients at increased risk of complications.

Our IVC filter injury lawyer is reviewing potential Bard G2 IVC filter lawsuits. Contact us or call on 1-800 632-1404 to evaluate any prospective product liability or personal injury claim for yourself, a friend, or family member.

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