- CR Bard to Stay Put in IVC Filter Multidistrict Litigation
- March 16, 2018
An Arizona federal judge has dismissed C.R. Bard Inc.’s request to evade multidistrict litigation, ruling the state law claims are not preempted by federal law. Multidistrict litigation (MDL) is a procedure the federal courts use to handle hundreds or thousands of lawsuits that may be filed in federal courts across the country related to a specific dangerous drug or defective medical device, like IVC filters or transvaginal mesh, for example. According to U.S. District Judge David G. Campbell, because the U.S. Food and Drug Administration (FDA) has not placed specific requirements on the medical device that go beyond what is normally required in the approval process, preemption under the Federal Food, Drug and Cosmetic Act’s Medical Device Amendments does not apply.
Plaintiffs in the cases claim that they or their family members were injured or killed by the company’s allegedly defective vascular filters. The complaint lists 17 causes of action under various state laws, including negligence, failure to recall, breach of warranties, fraudulent misrepresentation, consumer fraud, and wrongful death. All of the 3,000 plus personal injury suits that were consolidated in 2015 deal with inferior vena cava (IVC) filters.
IVC Filters and Their Risks
IVC filters are metal devices inserted into the inferior vena cava, a vein that carries deoxygenated blood from the lower body to the heart, in order to prevent blood clots from entering the heart or lungs. The danger with IVC filters is that they can break apart, allowing pieces from the medical device to puncture a patient’s internal organs or become embedded, requiring surgical intervention.
When the FDA approved the IVC filters, the idea was that the medical device would be used temporarily until the risk for pulmonary embolism had passed. However, doctors have reported that some patients still have the IVC filters in their bodies after ten years.
Despite a 2010 warning and a reissuance in 2014 from the FDA about IVC filter design problems that caused them to move around in the body and break apart, some manufacturers continue selling their IVC filters allegedly knowing of the design flaws and the dangers that come with it. When manufacturers know that a product of theirs is defective and dangerous and is currently in the bodies of Americans across the country, it is the manufacturers’ responsibility to warn the public as soon as possible.The IVC filter attorneys at Waters Kraus & Paul, an IVC filter law firm, are fighting to ensure that these manufacturers take responsibility for their dangerous product. If you or a loved one has been injured as a result of an IVC filter, you deserve justice. The IVC filter attorneys at Waters Kraus & Paul, a law firm with experience in litigating medical device cases, will fight to ensure that you receive the justice you deserve.