April 2, 2018 — A federal jury in Arizona has awarded $3.6 million to a woman who needed open-heart surgery when her IVC Filter broke apart and failed within a few years.
The lawsuit was filed against C.R. Bard Inc. by Sherr-Una Booker, a woman who was implanted with an IVC filter on June 21, 2007.
She required surgery to remove the filter in 2014, but broken pieces remain embedded in her heart because they are too dangerous to remove.
The lawsuit also alleges that her IVC Filter tilted, migrated, fractured, and the broken pieces punctured her inferior vena cava vein.
The jury found that C.R. Bard was 80% responsible for her injuries because the company failed to warn her about the potential risks of the device. The jury attributed 20% of the blame on her radiologist for failing to notice the broken IVC Filter on an X-ray in 2009, before her injuries worsened to the point where she needed open-heart surgery.
The case was the first so-called “bellwether” trial out of more than 3,600 similar IVC Filter lawsuits pending against C.R. Bard in Arizona.
Another 3,800 IVC Filter lawsuits have also been filed against Cook Medical Inc., with the first trial scheduled to begin in November 2018.
The lawsuit is In RE: Booker v. Bard — Case No. 2:16-cv-00474 — In RE: Bard IVC Filters Products Liability Litigation in the U.S. District Court for the District of Arizona.
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