The IVC filter is quite an important device in the medical profession. However, if the device is designed defectively, the complications that stem from it can be life-threatening. This is because the IVC filter is implanted in the inferior vena cava, and as we all know, it's a vein that transports deoxygenated blood to the heart. Therefore, any injuries or complications that occur as a result of the device not functioning as needed can be serious or even end in death.

Thousands of lawsuits are filed against C.R. Bard, claiming the IVC filters manufactured by the company caused severe injuries. Among the claims of wrongful action include acts of negligence, negligent misrepresentation, design defects, breach of an implied warranty, manufacturing defects, and so on. For Bard, the IVC filter products that are named in the ongoing lawsuits include Bard Recovery, G2, G2 Express, Eclipse, Meridian, and Denali.

In 2016, some of the plaintiffs who had existing IVC filter implants had also filed lawsuits seeking compensation for medical monitoring. According to the attorney, Bard must be held accountable for negligence, concealment of data, and misrepresentation. All the cases are currently consolidated via a multidistrict litigation. These cases form the MDL 2641, which is under Judge David C. Campbell. 

On the other hand, Cook Medical introduced Cook Gunther Tulip IVC filter and later on the Celect Vena Cava filter. FDA cleared both devices, but several patients have come forward with reports of severe complications. The U.S Judicial panel consolidated all the cases into a multidistrict litigation MDL 2570. However, the number of actions has continued to grow steadily. As of 2020, there are over seven thousand IVC filter lawsuits that are pending in the Cook MDL.

The IVC filter lawsuit settlements and verdicts

C.R Bard and Cook medical are the manufacturing companies currently battling thousands of lawsuits due to claims of negligence and defective devices.  I will briefly outline notable cases against each one of these companies and the settlements;

The C.R. Bard lawsuits

The Bard lawsuits have an interesting twist because the company has been facing allegations that they knew all along the problems their filters can cause but still proceeded to put the products in the market.  Aside from that, they also claim that they forged signatures to get FDA clearance for their devices. This is the reason why Bard has the largest number of IVC filter lawsuits than any other company.

In the first Bard bellweather trial, a woman from Georgia was awarded a $3.6 million verdict. The woman received $1.6 million for the actual damages and another $2 million for punitive damages. The IVC filter of Booker fractured, and the broken parts traveled to the heart resulting in surgery. Another plaintiff, Lisa Davis from Michigan, also suffered complications after her IVC filter device fractured. She reached a settlement with Bard.

A plaintiff Kevin Philips filed a lawsuit against Bard in 2012, claiming the device fragmented and ended up puncturing his heart. Within ten days of trial, Bard reached a settlement with him.

The Cook Medical lawsuits

The lawsuits against Cook Medical allege the filter often breaks into pieces and injure vital organs. With that said, there have been several IVC filter settlements reached between Cook and the plaintiffs.  The first bellweather case against cook was from the plaintiff Elizabeth Hill. She alleged the Cook Celect IVC filter, which was implanted in 2010, caused a myriad of complications, including pain and fatigue. Unfortunately, the jury found her evidence insufficient. 

The second bellweather case against Cook was thrown out on the grounds that the plaintiff did not file the case in due time. The judge found that the plaintiff had waited for too long; hence the case could not commence. 

Among the latest settlements is that of February 2019. The plaintiff Tonya Brand was awarded a $3 million verdict as compensation for the injuries the IVC filter caused.  With that said, there are still hundreds of pending cases against Cook that are yet to get a verdict or settlement.

Boston Scientific Greenfield IVC filter lawsuits

Boston scientific is also facing lawsuits, but the numbers are not as high as that of its two counterparts. In 2005, the company recalled its Greenfield filters with warnings that a part of it might detach and cause serious complications. A second recall the same year indicated the filters could cause blood vessel damage. 

In 2015 Boston scientific was issued with a wrongful death lawsuit. An Ohio family claimed the Greenfield filter caused serious injuries in their loved one resulting in death. According to the filed case, the defectively designed device perforated the vena cava causing severe internal bleeding. An autopsy was conducted which confirmed the allegations. Boston scientific reached a settlement agreement with the family.