Many patients injured by retrievable interior vena cava (IVC) filters now seek justice in court. Since 2010, hundreds of lawsuits were filed against the two major IVC filter manufacturers, C.R. Bard and Cook Medical. To date, only two plaintiffs have reached an IVC filter settlement. However, the amounts awarded remain confidential. Despite thousands of claims still pending, both Bard and Cook both insist they’ve done nothing wrong.

First Confidential IVC Filter Settlements Reached Within Two Weeks

Kevin Phillips filed the first IVC filter lawsuit against C.R. Bard back in June 2012. Five years after receiving his Bard Recovery IVC filter, pieces broke off and perforated Phillips’ heart. Repairing this damage required major heart surgery. Just 10 days into his February 2015 trial, C.R. Bard offered Phillips a confidential IVC filter settlement. Prior to that, an unnamed plaintiff reached a confidential settlement with C.R. Bard 11 days into a January 2015 trial. In that case, lawyers presented evidence that C.R. Bard knew back in 2004 that the Recovery Filter fractured 28.3 times more often than all other, similar devices combined. In that 2004 IVC filter bench testing report, Dr. John Lehmann stated “further investigation of the Recovery VCF filter performance in relation to migration and fracture is urgently warranted.”

Judge Richard Young scheduled several 2015 settlement talks to address plaintiffs’ claims. Lawsuit allegations include device migration, perforation, fracturing injuries as well as families filing wrongful death claims. Unfortunately, these settlement discussions failed to bring a satisfactory resolution and delayed active trial dates by as much as one year.

Two More IVC Filter Bellwether Trials Set After First Plaintiff Prevails

The first three bellwether IVC filter cases from the Indiana MDL against Cook began earlier this year. One case involves the Günther Tulip IVC filter; the other two revolve around the Celect IVC filter. In medical studies, patients with both types of IVC filters suffered high perforation rates. One 2015 study found Celect IVC filters have a 43% perforation rate within two months of implantation. The longer the device stays in, the higher the rate of failure, which can cause life-threatening complications.

A Missouri woman with a Cook Günther Tulip IVC filter filed the third bellwether claim due to serious perforation injuries. She alleges the device’s manufacturer failed to warn about side effects. Further, the lawsuit says Cook knowingly sold a defective device without testing the product for patient safety. According to a 2012 study, patients implanted with either the Günther Tulip IVC filter or Celect IVC filter experienced “some degree” of perforation within 71 days. Yet another 2013 study found 43% of Günther Tulip IVC filter patients had the device perforate through the Interior Vena Cava within 14 months.

3 Bellwether Trial Plaintiffs Win Multimillion-Dollar IVC Filter Settlement Verdicts

On March 30, 2018, a bellwether trial jury ordered C.R. Bard to pay plaintiff Sherri Booker a $3.6 million IVC filter settlement. Ms. Booker’s IVC filter settlement award included $1.6 million in actual and $2 million in punitive damages. According to court records, the plaintiff received her G2 filter in 2007 to prevent blood clots. In 2009, a radiologist conducting an X-ray on Ms. Booker discovered visible metal shards that broke off and moved away from the device. Eventually, these metal fragments pierced Ms. Booker’s spine and heart, requiring emergency open-heart surgery in 2014.

Then in May 2018, a Texas jury ordered Cook Medical to pay Jeffrey Pavlock a $1.2 million IVC filter settlement. The 35-year-old firefighter from Houston suffered internal injuries from loose metal shards after his Cook Celect filter broke apart. According to Pavlock’s doctor, metal pieces moving around inside the plaintiff’s body pierced both his aorta and duodenum.

Finally, an Indiana jury in the third Cook bellwether trial ruled in the plaintiff’s favor on February 1, 2019. Plaintiff Tonya Brand initially got a Cook Celect filter put in prior to spinal fusion surgery in 2009. In 2011, however, Brand pulled a metal fragment out of her thigh that broke off the filter and migrated. The 53-year-old Georgia woman’s doctor tried to remove all filter fragments, but one remains lodged near her spine. Brand sued Cook Medical in 2014, alleging the company knowingly sold a defective device. Jurors agreed, awarding Brand an IVC filter settlement worth $3 million in compensatory damages.

How Injured Patients May Qualify for an IVC Filter Settlement

Since side effects are often life-threatening, manufacturers may choose to pay an IVC filter settlement to avoid trial. If you or a loved one received a defective IVC filter, get your free claim review now to see if you may qualify for financial compensation. Speaking to an attorney before you file can help you get the justice and compensation you deserve. To date, two plaintiffs reached confidential out-of-court IVC filter settlements with device manufacturers for their injuries. The first bellwether trial’s jury awarded another injured plaintiff millions when the faulty device’s fragments pierced her spine and heart. To start your free case review and check eligibility for a cash settlement, click the button below today.