A patient is entitled to bring an IVC filter lawsuit if he/she went under knife for implant and developed serious complications. An IVC lawsuit is brought against the manufacturer on the ground that they made a defective filter or their failure to warn the blood clot patients of potential complications and risks caused injuries.
At present, there are thousands of lawsuits involving IVC (inferior vena cava) filters. Interestingly, many of these lawsuits are a federal mass tort case.
Common Injuries Caused by IVC Filters
- Fracture
- Migration
- Clogging of Filters
- MRI Complications
- Pulmonary Embolism
- Deep Vein Thrombosis
Grounds for an IVC Filter Lawsuit
Potential claims are based on any of the followings:
- Improper Labelling/Failure to Warn
- Manufacturing Defects
- Defective Designs
- Negligence
The plaintiff is the victim and the defendant is the IVC filter manufacturer.
Who Are Sued in IVC Lawsuits?
Such lawsuits are brought against the IVC manufacturers. A variety of filters (there may be dozens of types) is available. However, the leading manufacturers are
- Boston Scientific (Greenfield)
- Cook Medical
- Bard
What Kind of Reward a Plaintiff Can Receive
IVC filter plaintiffs are entitled to sue for
- Economic damages including medical bills
- Non-Economic damages including pain and suffering
A plaintiff gets reward if he/she wins the trial. But most of IVC filter lawsuits are settled through successful negotiations.
Types of Compensation Received by Plaintiffs
As previously stated, a plaintiff can receive compensation for economic damages and non-economic damages.
Economic Damages
- Lost wages
- Medical Expenses
- Loss of earning capacity
- Other out-of-pocket expenditures
Laws governing IVC lawsuits are different in every state. Some economic damages can have a ‘maximum’ limit.
Non-Economic Damages
It’s difficult to calculate non-economic damages. These include intangible injuries such as,
- Anxiety
- Depression
- Mental Agony
- Pain &Suffering
- Emotional Distress
- Sexual Dysfunction
Factors that Determine Non-Economic Damages
- Prognosis of the plaintiff
- The nature and seriousness of the plaintiff’s injuries
- Expected time for full recovery
- If the injuries are temporary or permanent
- If the plaintiff suffers any chronic pain
- If the injuries force the plaintiff to compromise daily chores and the extent of such compromises
- If the injuries have any impact on the plaintiff’s family and friends
Just like economic damages, some non-economic damages have an upper limit.
IVC Litigation –Class Actions or Individual Lawsuits?
The plaintiffs sue the IVC filter manufacturers individually. But with time passing on, the plaintiffs are joined in MDLs (Multidistrict Litigations) which are way different from class actions.
MDLs help in streamlining the pre-trial process for every IVC filter case. But unlike class actions, every plaintiff hires his/her lawyer to be presented throughout the legal proceedings. Each case is handed over back to its original court.
Only a few of all MDL cases go to trial and these are referred to as “bellwether” trials. The results provide both sides with a starting point to negotiate.
Time Deadline to File a Lawsuit
Each state has its own time deadline for filling an IVC lawsuit. Pay close attention to the statue of limitations governing these types of lawsuits.
