A federal jury in Arizona recently handed down a $1.6 million against medical device company Bard over claims the company designed the defective and dangerous IVC filter which lead to the plaintiff’s serious injuries. The case is a significant bellwether trial that could eventually compel the defendant to settle hundreds of other claims across the country involving the company’s IVC filters used to prevent blood clots.
In addition to the substantial award for compensatory damages, the jury also found Bard liable for punitive damages and will deliberate as to how much the defendant will have to pay the plaintiff. Although rare, juries sometimes have the choice to award punitive damages to plaintiffs as punishment for especially reckless behavior by defendants.
In this case, the jury determined that Bard’s failure to properly warn patients about the risks associated with the device warranted both compensatory and punitive damages. While Bard’s attorneys presented numerous defenses as to why it should not be held liable for the plaintiff’s injuries, the jury sided with the plaintiff and sent a message that even powerful medical device companies can be held responsible for their bad acts.
The IVC filter is a small metallic filter inserted into the inferior vena cava (IVC) of patients at risk of developing life threatening blood clots. The filter is meant to prevent blood clots from traveling through the major vein into the lungs and cause a pulmonary embolism. The device is meant only to treat patients at high risk of pulmonary embolisms who do not respond to anticoagulation medication.
Unfortunately for many patients, the IVC filters manufactured by Bard and others are known to break apart and metal splinters migrate throughout the body to the lungs or brain. As a result of the defectively designed IVC filters, patients have suffered serious injuries, including death. Other patients have needed to undergo surgery to remove the filters entirely to prevent such injuries from happening to them.
If you or a loved one needed surgery to repair complications from a defective IVC filter or suffered a serious medical episode related to the device, you could be entitled to a substantial cash award. The IVC filter injury attorneys of The Cochran Firm, D.C. are representing several IVC injury victims in their fight to hold the manufacturer accountable for the harm caused.
IVC lawsuits across the country allege Bard and other manufacturers were well aware of the risks associated with the device but did not live up to their legal duty to warn patients and doctors. Patients may be entitled to compensation for past and future medical bills, lost wages, and the pain and suffering of their injuries.
Contact The Cochran Firm, D.C. for a free and confidential legal consultation about your case. Our experienced attorneys represent clients on a contingency basis, meaning there are no upfront costs to hire our firm and we do not collect any legal fees unless we win your case.
Fill out an online contact form or call 1-800-THE FIRM (843-3476) 24-hours a day, seven-days a week.