Plaintiff Henry Kilver and his wife, Judy, filed their Bard IVC filter lawsuit in the U.S. District Court for the Central District of Illinois on May 11. The lawsuit alleges that Bard was negligent because they did not warn about the risk of side effects.
Mr. Kilver was implanted with the Bard Recovery IVC filter in early 2005. This medical device is designed with thin wire legs in a cone-shape. The filter is supposed to be implanted in a patient’s inferior vena cava (IVC) to catch blood clots before they enter the lungs and cause a pulmonary embolism.
Mr. Kilver was injured when the Recovery filter migrated into his heart and caused life-threatening complications that required extensive medical treatment. He required emergency open-heart surgery on February 15, 2011, and continues to suffer the burden of medical expenses, pain and suffering, decreased quality of life, disability, and other losses.
According to the lawsuit:
“Multiple studies have reported Bard’s Recovery Filter to have a fracture and migration rate ranging from 21% to 31.7%. When failures occur, shards of the device or the entire device can travel to the heart … The device may be irremovable. These patients are faced with a lifetime of future risk.”
Lawyers are seeking damages for negligence, failing to warn, defective design, fraudulent misrepresentation, loss of consortium for the plaintiff’s spouse, and more. They allege that Bard knew or should have known that the Recovery filter was unsafe, but instead they continued to promote the Recovery filer until gaining approval for its replacement, the G2 IVC filter, in August 2005.
Complications of the Bard IVC filter include:
- Migration of IVC filter
- Bleeding (hemorrhage)
- Cardiac / pericardial tamponade
- Irregular heart rhythm
- Symptoms of heart attack
- Pain that is severe and persistent
- Tissue perforations
- Organ damage
- Blood vessel perforation
- Additional surgery, which may not be able to remove the filter
IVC Filter Lawsuit Information
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