Every State has apparent personal injury laws that allow people who have suffered injuries because of another person's faults to seek compensation for their injuries. These injuries can be a result of negligence or even faulty products. In cases involving defective IVC filters, for instance, patients who have suffered injuries and complications are liable for compensation by the product manufacturer.

At Consumer Alert Now, we are here to provide information to consumers on potentially harmful medical products they are consuming, using, the side effects, medical conditions, and complications. We also provide you with ways through which you can take legal action against the at-fault party. Therefore, if a defective IVC filter has caused you injuries, get in touch with us today.

Have You Experienced Severe Side Effects With Your IVC Filter?

An IVC Filter is a critical small medical device that is placed inside a person's inferior vena cava to help prevent blood clots from moving up their lungs.  Since the inferior vena cava is the largest vein in a person's body, it carries enough blood from their lower body to their lungs and heart. If there is a blood clot in that vein, it may block the flow of blood and could even cause swelling, pain, and redness in the affected part. Blood thinners can quickly treat blood clots, but for patients who are not able to get this treatment, the best available option would be an IVC filter. 

IVC filters, just like other medical devices, need to be well-designed to avoid causing more harm than good to the patients who use them. However, there have been several IVC filter lawsuits in the country, brought by patients who have suffered complications after they underwent the implant surgery. In these lawsuits, IVC filter manufacturers are facing accusations for producing defective products and failing to warn patients with blood clot issues of any foreseeable risks and complications that could come after the placement of the IVC filter. Therefore, if you have been experiencing severe side effects with an IVC filter, you may be eligible for compensation by the manufacturer.

Common Injuries and Complications Resulting From Defective IVC Filters

There are several types of injuries and complications that have been reported with the use of IVC filters. If you are in pain or are suffering after the IVC filter placement, it is advisable to see your doctor as soon as possible. Your doctor will be able to verify if, indeed, the filter is causing you problems and figure out the kinds of issues you are experiencing. Note that injuries and complications do not always manifest immediately after the surgery. It might take even longer in certain cases for the patient to experience the side effects of a traveling or fractured IVC filter. Some of the common injuries and complications suffered from IVC filters include:

Fracturing: IVC filters are usually made from solid metal alloys. For that reason, they are designed to remain in a single piece for the period they are placed in the patient. However, things could not work this way for defective devices, which may fracture in pieces. When this happens, blood clots will start flowing through to the lungs and heart. A fractured IVC filter may also travel from the site of implantation, or even lodge into other veins and body organs.

For that reason, a fractured IVC filter needs to be removed as soon as possible. It is not an easy thing to do, though, because the struts are usually very tiny and thin. Again, if the different pieces have shifted to various parts of the body, the patient may require multiple operations to remove all the pieces.

Filter migration: As stated above, IVC filter devices are designed in such a way that they will stay in one place after the surgery. It helps prevent the filter from shifting and also makes it easy to retrieve after a certain period.  Most of these devices come with feet at the end of every strut that helps hold the filter in place. However, a defective IVC filter may not be able to stay in place and could shift from its implantation site.

A migrating filter can cause severe injuries to the patient. First of all, that filter will not be in a position to prevent blood clots from flowing with the blood to the heart and lungs. Second, the device could end up perforating, piercing, or lodging into the patient's organs or veins. If, in the process of migrating it fractures, the patient will end up with its different pieces in various parts of the body. Some could be even more difficult to retrieve.

Perforating and piercing: Most IVC filters in the market have very narrow struts that can easily scratch and even penetrate through an organ wall or vein. It is even more possible if the device migrates or fractures, as this causes the sharp struts to go through the bloodstream and perforate any tissue, they find in their way.

There are more severe cases of IVC filters piercing through major organs and veins, including the lungs and heart. It could result in a severe permanent injury and other times, death.

Deep vein thrombosis: The main reason why some patients need an IVC filter is to manage the blood clots that already exist in their bloodstream, for instance, the deep vein thrombosis. However, there has been a report of recurrent or occurrence of DVT for patients who already have an IVC filter installed. Some of these cases need to be diagnosed on time since there are endovascular therapies that can be used to treat them. The problem is that even these therapies, such as balloon venoplasty and catheter-directed treatment, have their own set of complications and risks.

Clogging: After placement, an IVC filter works like a cage in which blood clots are trapped. A well-designed filter will work just fine, but a defective one can quickly become clogged up with blood clots, leaving it with no space for the blood to flow. Clogged IVC filter will present the same indications as an original blood clot, which is swelling and pain. An urgent operation has to be conducted for the clogged filter to be removed and replaced with another one. If this does not happen soon enough, the patient could be at an even higher risk.

Filing a Defective IVC Filter Lawsuit

If you have experienced any or more of the complications/injuries mentioned above, it is essential to know that you are eligible for compensation under the product liability laws.  According to these laws, any person who manufactures, designs, or trades in a defective product that harms or injures another person is liable for compensation for the losses the injured party has suffered. In this case, the injured patient can recover their damages by suing their IVC filter manufacturer for either defective design, negligence, manufacturing design, failing to warn consumers, or improper labeling of the product. These will be discussed here in detail.

Negligence

Negligence occurs when a manufacturer owes a duty of care to the plaintiff, and they carelessly or recklessly breach that duty. For the manufacturer to be found guilty of negligence, the elements below have to be proven before a civil court:

  • That indeed the defendant owed a duty of care to the plaintiff
  • That he/she broke that duty
  • That it was a breach of the defendant’s duty of care that directly caused the plaintiff's injuries
  • That the injuries the plaintiff suffered can be quantified

Just as with other medical manufacturers, companies that deal with IVC filters owe a responsibility of care to the patients that use these devices. For that reason, they are expected by law to take reasonable measures in:

  • Designing and producing IVC filters that are not only functional but safe
  • Providing enough instructions to all medical care providers that will be handling these devices
  • Detailing all their side effects as well as any potential hazard that these IVC filters pose
  • Obtaining all the needed FDA certifications

If any of these requirements are not adhered to, the manufacturer is said to have breached the duty of care they owe their end-consumers. For that reason, anyone that suffers an injury or complication after using the IVC filter will have a right to sue the manufacturer for negligence. Therefore, if you feel that you could not have incurred the injuries or complications you have at the moment were it not for the filter, it may be time to consider an IVC filter lawsuit.

However, this does not just end with a claim. The court will expect the plaintiff to demonstrate all financial damages that they suffered as a result of their injuries for compensation to be granted. This proof may be in the form of medical bills, evidence of the number of earnings you lost during the time you were injured and could not work and whatever else that could show the amount of suffering and pain you went through.

Defective design:

Cases regarding faulty design will suffice if the IVC filter that caused patient injuries was having issues right from the manufacturing point.  It doesn’t matter how carefully manufacturers work on these devices; some turn out with design issues that could render then injurious. Some of these faults become clear only after the device has been implanted on the patient. Other defects show up weeks or even months after the implantation surgery after the patient starts experiencing pain and other dangerous symptoms.

An example of a defective design is in cases where the IVC filter fractures after some time in the patient’s body. Once the device breaks apart, its pieces could travel to various parts of the body. Sometimes the effects of this could be embolism or perforation of body organs or veins or even death.

When an IVC filter's design poses a predictable risk on a patient, its manufacturer can be held responsible for any injuries and complications that the patient suffers. Note that the patient must demonstrate that they used the device as it was intended, but it still caused them injuries. Under strict liability, the court will only require the plaintiff to show that the filter failed to work as it should, and not that its manufacturer was negligent. You might need the help of an expert who can explain the device's design problems concerning the original filter's design schematics.

Manufacturing defects

Manufacturing defects occur when the product design is good, but its manufacturer did not build the product well. This could happen in cases where the manufacturer, for instance, uses the wrong resources to build up a product. A broken IVC filter will be an example of a manufacturing defect. 

If a person, who received an IVC filter that was poorly manufactured, does not enjoy the help of the device and, as a result, his/her body is unable to manage the blood clots, he/she is allowed by law to sue the manufacturer for the manufacturing defect of the product. The manufacturer will be ordered by the court to compensate the injured patient for all their pain and suffering.

Failing to warn

The law requires medical manufacturers to offer adequate instructions on how such devices as IVC filters are used and also to provide enough information on any complications and risks they might carry. Doctors that perform implant surgeries should be warned of any hidden risks that may not be obvious but could be triggered by the IVC filters. They should also be instructed on how to properly use and manage the filters so that their patients could avoid suffering injuries and complications the devices pose.

Lastly, there should be cautionary labels on device packaging that should be easy to understand by doctors, specific, and also placed visibly where doctors can see them.

Possible Defendants in a Case of an IVC Filter Lawsuit

Any person who has had an issue with an IVC filter is allowed to file a suit against the manufacturer for any damages the device has caused them. Unfortunately, there are many manufacturers of these medical devices in the country at the moment. It helps to find out who the manufacturer of your device is so that you can prepare a winning lawsuit against him/her. The three leading IVC filter manufacturers in the country today are:

  • Cook Medical
  • Bard
  • Boston Scientific -Greenfield

Each of these manufacturers has produced different types of IVC filters that have been used and are still in use by many implant surgery patients.

A company like Bard, for instance, has received a warning letter by the FDA before, for failing to report about the malfunctioning of some of its devices. Also, the company did not have a procedure to analyze and evaluate consumer complaints about some of its filters.

Cook Medical, on the other hand, has received several opposing event reports, which have been presented by its clients with FDA.

Lastly, Boston Scientific had its device, the Greenfield IVC Filter, recalled for almost a year because of a defect.

Compensation Available in Defective IVC Filter Lawsuits

Patients who have suffered injuries as a result of a defective IVC filter are eligible for both monetary and non-monetary damages. Monetary damages are those whose dollar amount can be established. Non-monetary losses are those that do not have any dollar value but are significant enough. While most of these lawsuits are settled out of court, some cases go to full trial, and the jury is tasked with determining a proper financial reward for the plaintiff. Here are the types of compensation available in such a lawsuit in detail:

The economic damages:

As stated above, these are damages that have a real dollar value to them. Some of the financial losses you can include in your claim include:

  • Medical bills: These include all medical expenses that the plaintiff has incurred before the lawsuit and after. They include hospital bills, home healthcare, and also rehab, if applicable.
  • Lost wages: These will be included if the plaintiff has spent time off gainful employment recovering from their injuries or complications. the amount of money he/she would have earned for the length of time they were too ill to go to work will be factored in
  • Lost earning capacity: The plaintiff's inability to work after the lawsuit will also be considered. A medical report will be needed in this case to verify the length of time he/she is likely to stay out of work to recover. from that, an approximate amount of money he/she is expected to lose for not working will be calculated and included in the claim
  • Any other expense: If there are additional monetary expenses that the plaintiff has incurred as a direct result of the injuries or complications sustained, these will be included in their claim

The non-monetary damages:

These may not be calculated as economic damages, but they are equally important, just the same as the monetary damages. They are the intangible damages that the plaintiff has suffered from the IVC filter, which could not have been experienced were the filter not implanted. Some of these damages include:

  • The suffering and pain the plaintiff went through with the defective filter. It may consist of the physical pain he/she could have suffered as a result of the filter complications as well as revision surgeries
  • The mental anguish and emotional stress that comes when the person is in pain
  • Lost consortium: This type of damage is awarded to the plaintiff’s spouse for the negative impact their injuries could have had in their marriage. the spouse might have, for instance, suffered anxiety, depression, or they both could not enjoy intimacy

There are several factors that the court considers in determining the types of monetary and non-monetary compensation to award and the amount of money to award each damage. They are:

  • The plaintiff’s diagnosis
  • The nature of the injuries and complications suffered and how serious they are
  • How long it might take for the plaintiff to recover, and whether or not they will fully recover
  • Whether or not there is a possibility of the plaintiff suffering chronic pain, permanent disabilities or disfigurement as a result
  • The extent of their injuries and their effects on the plaintiff’s ability to handle everyday activities
  • How much the plaintiff’s injuries and complications shave affected their relationships

Punitive Damages

Punitive damages are additional damages that a plaintiff can recover once their lawsuit goes to court, and he/she wins the case. The jury is the one to decide whether or not to grant punitive damages to the plaintiff. The monetary and non-monetary damages are awarded as a form of compensation for what the plaintiff went through after the IVC filter implantation. Punitive damages, on the other hand, are a way for the jury to reprove the defendant further for their negligent actions, which causes the victim's injuries. They are also a way for the jury to caution anyone else from acting in the same manner as the defendant.

Note that punitive compensations are usually more than the compensatory damages. However, every state has its own laws concerning the maximum amount of punitive damages they can reward for every case.

It is crucial to ensure that you are building a strong case against your IVC manufacturer to ensure that you get the kind of compensation you deserve. The help of an IVC filter attorney goes a long way in ensuring that you are making the right decisions and that your documents are filed in court on time.

Find a Mass Tort Near Me

If you or your loved one has been injured or lost their lives because of a defective IVC filter, it is advisable to get in touch with us immediately. We will connect you with a Mass Tort attorney who can review your case and advise you on the way forward. Our experienced attorneys will also walk with you throughout the legal process to ensure that your rights are protected. Call us at 800-511-0747 from any part of the country and let us help you build a compelling legal suit.