Inferior vena cava (IVC) filters are medical devices used to stop blood clots from damaging blood valves, interrupting the flow of blood, and impacting the lungs or heart. They are tiny metal devices implanted in the vena cava. Unfortunately, many of these devices have done more harm than good to patients. The risk of IVC filters detaching, migrating, breaking apart, puncturing the vein, and being impossible to recover does exist.
If a defective IVC filter has affected you or a loved one, call our attorneys today. The Dickerson Oxton Law Firm is investigating cases involving IVC filters. We can review your case, let you know if it has merit, and potentially file a claim against the manufacturer or another party on your behalf. To help you and your family obtain justice for a defective and dangerous medical device, call (913) 428-8220 and speak to one of our Kansas City, Missouri, lawyers.
Why Choose Us?
The Dickerson Oxton Law Firm has years of experience handling dangerous device and drug lawsuits in Kansas City. We know how to navigate product liability laws and fight for fair compensation for our clients. We do not allow insurance companies, investigators, or major medical device manufacturers to take advantage of injured consumers. Why do clients trust us with their IVC filter lawsuits?
- Our attorneys are passionate about seeking justice for the wrongfully injured.
- We take a client-centered approach to legal processes.
- We handle all cases on a contingency fee basis. There are no fees unless we win.
- Our lawyers have extensive experience in handling defective medical device cases, including those involving IVC filters.
A great attorney can make you feel more confident in your case. You can focus on healing and physical recovery while we take care of financial recovery. Our lawyers are compassionate advocates who believe in standing up for victims against wrongdoers and insurance companies. Do not go up against an IVC filter manufacturer or its insurer alone. Give your case its best chance of success with the Dickerson Oxton Law Firm.
What Are IVC Filters? How are they Dangerous?
The inferior vena cava is the large vein that runs from the lower body and midsection to the heart. It carries low-oxygen blood and waste products back to the heart through a system of valves. A blood clot may occur if blood thickens and sticks together. If the IVC develops a blood clot, the clot could damage the valves in the vein and cause a leak. A clot could also reach the lungs or heart and cause life-threatening health complications.
IVC filters are manmade devices meant to catch and hold blood clots in the IVC vein before they damage the vein or organs. They are tiny, cage-like metal devices a physician implants in the inferior vena cava in patients with a risk for blood clots, deep vein thrombosis, or pulmonary embolisms. The device should catch blood clots with tiny metal filaments and hold them in the cage until a physician can retrieve the filter. Some devices are retrievable, while others deteriorate over time in a safe way for the patient.
IVC filters have become controversial because of their failure rate. In 2010, the Food and Drug Administration (FDA) announced that more than 900 adverse events had arisen from retrievable IVC filters. These events include vein perforation, device fractures and embolization, and device migration. The devices involved in lawsuits so far include Bard Recovery, Bard G2, G2 Express, Bard Eclipse, Bard Meridian, Bard Denali, the Cook Gunther Tulip filter, and Cook Celect filter – all manufactured by C.R. Bard and Cook Medical.
Why Are People Filing Lawsuits?
Injured patients and their attorneys are filing lawsuits against C.R. Bard and Cook Medical (as well as other companies manufacturing similar devices) with claims that the companies released the devices to the public with serious design and manufacturing defects, without warning consumers of known risks. Claims also allege breach of implied warranty and negligence on the part of the manufacturer and marketing company.
When a manufacturing company releases a defective or dangerous product into the hands of consumers, that company could be liable for subsequent damages. It is every manufacturer’s duty to properly test products, conduct studies, and verify the reasonable safety of a product. Medical device manufacturers have a high standard of care due to the expectations of the health care industry. Breaching these duties, resulting in preventable patient harm or death, is grounds for a lawsuit.
Patients and their families are filing single lawsuits and class actions against manufacturers for failed devices and related injuries, health complications, and wrongful deaths. The goal of these lawsuits is to prove that the company is liable for patient harm or the death of loved ones, for manufacturing a defective device and failing to warn consumers of foreseeable risks. Currently around 9,000 pending lawsuits against IVC filter manufacturers in the U.S. exist.
Injuries and Side Effects
Patients with defective IVC filters have suffered serious injuries and health complications because of the devices. Examples of injuries include organ perforation, blood clots, the device moving through the vein, and the device breaking apart and causing damage. The FDA has received hundreds of injury reports regarding IVC filters.
- Doctors reported that patients developed pain in parts of the body, especially the chest.
- Doctors reported that patients developed shortness of breath.
- Doctors reported that patients developed punctured organs.
- Doctors reported that patients developed punctured vena cava and blood pooling in the lower limbs.
- Doctors reported that patients developed swollen or painful lower limbs.
- Doctors reported that patients developed internal bleeding/hemorrhages.
- Doctors reported that patients developed pulmonary embolisms.
- Doctors reported that patients developed heart problems.
- Doctors reported that patients developed neck pain.
- Doctors reported that patients developed lightheadedness.
- Doctors reported that patients developed stroke.
- Loved ones reported wrongful death in patients.
If you believe any type of personal injury or health complication is from a defective or dangerous IVC filter, contact our attorneys. We can review your case, obtain your medical records, and determine if you have grounds for a personal injury lawsuit. If you lost a loved one after he or she received an IVC filter implant, contact us to investigate the situation. It is always worthwhile to discuss a potential case with a lawyer – especially since first consultations are free.
Compensation Available – What Are My Options?
If a defective IVC filter caused you or a loved one injury, you may be eligible to receive financial compensation through a lawsuit or class action. Product liability laws state that manufacturers will be strictly liable for the injuries their defective products cause. Otherwise, you may be able to prove negligence for compensation. You must discuss your rights and legal options with an attorney.
Damages could include compensation for:
- Past and future medical expenses the defective IVC filter caused.
- Physical pain, emotional suffering, and mental anguish.
- Lost wages from missed time at work during recovery.
- Lost future earning capacity if the filter caused a permanent injury.
- Loss of enjoyment or quality of life from the defective filter.
- Punitive damages, if the defendant is guilty of gross negligence.
You could have grounds to file an individual lawsuit, but you may have a class action (a group lawsuit in which multiple plaintiffs – led by someone acting on behalf of the group – files a claim against the same defendant for the same or similar injuries). Class actions are faster and more efficient than multiple individual lawsuits. An attorney can discuss your options for potential compensation in more detail during a free case evaluation in Kansas City.
IVC Lawsuits and Settlement Information
If you believe you have the elements of an IVC filter lawsuit in Kansas City, your first step is to contact the Dickerson Oxton Law Firm. It is never too early to contact an attorney if you have suffered catastrophic injuries. The sooner you contact an attorney, the sooner you can learn your rights and receive help with your lawsuit moving forward. One of our lawyers may offer to represent your lawsuit or class action. If this is the case, your attorney will take care of the claims filing process, either with a state or federal court. If you are eligible to join an ongoing class action, your attorney will let you know what to expect.
Should your lawsuit succeed, you can expect to receive your portion of a settlement check within a few weeks after the case concludes. Most personal injury and product liability claims successfully settle without going to court. If your case does require a trial, however, seasoned lawyers should represent your best interests. Our attorneys have experience going to court in Kansas City and winning their cases. A trial verdict could result in greater compensation than an insurance settlement for an IVC filter lawsuit.
IVC Recall Information
Although a product recall is not proof of the manufacturer’s liability for damages, it can help strengthen a personal injury claim. It can also warn future patients of the potential risks relating to IVC filters. The FDA has issued numerous safety warnings, with a recommendation that physicians remove IVC filters from patients 24 to 36 days after the risk of blood clots ends. In response to the FDA’s warnings, several IVC filter manufacturers voluntarily recalled their products during a study of their safety and effectiveness (called the PRESERVE study).
Contact Our Firm Today
If you or someone you love suffered personal injuries or health complications after receiving an IVC filter, you may be eligible for compensation. An investigation of your case could find evidence of negligence or a defective filter, giving you the opportunity to file a claim or join a class action suit against the product manufacturer. A surgeon who ignored FDA warnings and failed to retrieve the filter in a timely manner could also bear some liability for your damages. Our attorneys can investigate your case and help you identify the appropriate defendant(s).
Then, we can file your product liability claim within the state’s statute of limitations. We can negotiate fairer settlements with insurance companies or take your claim to court, if necessary, for just compensation. Our attorneys are passionate about the rights of injured patients in Kansas City and will do all they can on behalf of clients. If you are curious about your rights and potential legal opportunities regarding a defective IVC filter, contact us online or call (816) 268-1960 to request your free consultation today.