Inferior vena cava filters, better known as IVC filters, are implanted into the veins to prevent blood clots from lodging in the lungs (also called pulmonary blood clots). These implants are used in patients with health conditions that prevent them from taking blood thinner medications. But unfortunately, some of these blood clot filters are prone to malfunctioning, with many becoming irretrievable or fracturing in a manner that damages blood vessels and organs. In some cases, broken pieces of filter migrated through the veins into other areas of the body, including the heart, lungs and beyond.
The U.S. Food and Drug Administration (FDA) issued cautions about the risk of IVC filter complications and fractures in 2010, after the agency received hundreds of reports from patients who suffered perforated organs (including the heart), blood vessel damage and other adverse effects. In some cases, the IVC filter fractures/malfunctions have been fatal.
Currently, the FDA recommends short-term use of IVC filters, which should be retrieved and removed from the body between 29 to 54 days after implantation. To leave an IVC filter in place for longer is considered dangerous because there’s an increased risk of complications like device migration, organ or vein perforation and other injury and health problems. The longer this medical device is implanted, the higher the potential that the IVC filter will not be retrievable, despite surgery.
But despite the cautions, hundreds of individuals have suffered serious blood clot filter complications, which has resulted in numerous lawsuits in an attempt to get compensation for pain, suffering, medical bills and other losses. A number of patients have even died from complications involving a malfunctioning or broken IVC filter.
Based in Orlando, Florida, lawyers with the Law Office of Hogan & Hogan, P.A. are available to help you get the compensation you deserve via a blood clot filter lawsuit. We place the client and their needs first and foremost, answering your questions and keeping you informed through the entire legal process. Our legal team represents clients who are injured by a dangerous medical device or drug, including mass tort cases and product liability cases, along with personal injury claims and wrongful death claims.
Contact the Law Office of Hogan & Hogan, P.A.’s elite team of IVC filter lawyers to discuss your case in a private, no-cost consultation session. You must act fast, though. The law limits the time you have to file claim. Call 407-422-2188.
Common Questions About IVC Filter Lawsuit Cases
The Orlando attorneys with the Law Office of Hogan & Hogan, P.A. get lots of questions from clients who have never filed any sort of legal claim before. As a result, many have no idea what to expect, so it’s our goal to help ensure that you’re informed and comfortable with the legal process.
Our legal team has compiled information to answer some of the most common questions on blood clot filter complications and related legal matters.
Who is Held Liable in an IVC Filter Lawsuit?
In a lawsuit involving the malfunction of a blood clot filter, attorneys will begin by determining who is liable. Often, this is the manufacturer. Two IVC filter manufacturers have been involved in a significant number of cases: Cook Medical and C.R. Bard.
It’s alleged that the manufacturers knew about the risks of filter fracture and complications, but they apparently failed to inform the FDA and the public.
Are All IVC Filters Problematic?
It’s believed that all IVC filter implants could potentially malfunction or cause complications, but specific models have been involved in a large percentage of the lawsuits filed to date.
The five different blood clot filters that account for a majority of the lawsuits filed to date are:
- Cook Gunther Tulip Filter;
- Cook Celect Filter;
- Bard G2 Filter;
- Bard G2 Express Filter; and
- Bard Recovery Filter.
Numerous IVC filter lawsuits have alleged that these manufacturers were negligent in their failure to issue a proper warning to physicians and their patients, resulting in unexpected injury and complication. There have also been allegations of manufacturing and design defects (amongst other claims.)
The figures concerning IVC complications are sobering. According to a 2013 study, only 58 of 680 filters could be successfully retrieved and removed.
Are there IVC Filter Class-Action Lawsuits and MDLs?
There are a total of three class-action lawsuits forming in Florida, California and Pennsylvania. In these cases, the plaintiffs are reportedly arguing that while they have not yet experienced a blood clot filter fracture or malfunction, they have a claim to compensation for the added medical monitoring that is required.
Multi-district litigation (MDL) proceedings are also underway, based in the federal court in the Southern District of Indiana. More than 100 cases have been consolidated in this MDL against Cook.
An additional 50 cases were consolidated to form an MDL case against C.R. Bard in August 2015. This MDL is being handled in the U.S. District Court in Arizona.
MDL proceedings are used as a mechanism to speed pre-trial proceedings and discovery in situations where there are a large number of very similar cases. Each case is typically tried (or settled) separately.
How Much Will it Cost to Hire a Florida Lawyer to Handle an IVC Filter Lawsuit?
The Law Office of Hogan & Hogan, P.A.’s legal team typically accepts IVC filter lawsuits on a contingency basis. This means that there is no up-front retainer in most cases; rather, the client agrees to provide the attorney with a percentage of the funds that are recovered via a jury award or settlement.
Trust Our Experienced Florida Attorneys to Handle Your IVC Filter Lawsuit
At the Law Office of Hogan & Hogan, P.A., our goal is to work with you, the client, to get the compensation you deserve for your blood clot filter complications. IVC filters can cause serious, long-term effects that lead to significant medical bills. Some patients have passed away as a result of a malfunction with a blood clot filter.
Lawyers with the Law Office of Hogan & Hogan, P.A. take a client-first approach to every case, as we work to ensure that your questions are answered and that you remain well-informed as your case moves forward. We invite you to call us today to arrange a no-cost consultation, but please act soon because there is a limit to the amount of time you have to file a legal claim.
Contact the Law Office of Hogan & Hogan, P.A.’s elite team of Central Florida lawyers by calling 407-422-2188.