Your Complete Guide to File IVC Filter Lawsuit in 2024
Thousands of IVC filter lawsuit have been filed across the country over severe injuries and deaths caused by IVF filters. Among these cases, one resulted in a $33.7 million verdict handed down by a jury in Philadelphia. The verdict also included an award of $30.3 million in punitive damages. If you think that you or your loved one recently suffered severe injury or death from the implantation of an IVC filter, you may have grounds to file an IVC filter claim in 2024.
Various research found that IVC filters are breaking inside patients. In addition, the metal parts are moving through the body, adversely affecting the lungs and heart, and leading to internal bleeding.
Choosing a skilled, experienced, and knowledgeable lawyer who is aware of the latest IVC filter lawsuit updates of 2024 is crucial. With their help, you can get assurance that you are dealing with competent attorneys who can help you get maximum IVC filter compensation claims.
Common injuries from IVC filter
Here are the usual signs indicating possible IVC filter injuries:
- Chest pain.
- Heart rhythm problems.
- Neck pain.
- Hemorrhaging or internal bleeding.
- Shortness of breath.
If you want to get the maximum IVC filter settlement amount in 2024, you should look for a skilled lawyer with extensive years of experience handling such cases.
Grounds for an IVC filter lawsuit
When you file an IVC filter lawsuit, you must have a cause of action against the defendant. Here are some usual causes of action or grounds for filing and how to prove liability:
- In case of negligence, the plaintiff has to provide that:
- The defendant owed the plaintiff a duty of care.
- The defendant breached that duty of care.
- This breach of duty caused the plaintiff’s injuries.
- The injuries of the plaintiffs caused damages that have a monetary value.
Additionally, the medical device makers owe a “duty of care” to the patients. This comprises various reasonable measures, such as:
- Creating safe and functional devices.
- Providing adequate instructions to the medical providers.
- Recovering all the necessary clearances from the U.S. Foods and Drug Administration (FDA).
Therefore, besides proving that the defendant breached or fell short of these duties, the victim must also prove that they lost money due to the injuries. This may be shown by the following pieces evidence:
- Medical bills.
- Your past paychecks.
- Other things that can show your pain and suffering.
- A defective design means the IVC filter is extremely dangerous. All the medical device manufacturers are liable when:
- A design defect posed a foreseeable risk.
- The device was manufactured and used as intended.
This type of liability is called “strict liability.” In such cases, all the plaintiffs have to show is that the device is defective. The typical proof to show defective devices includes:
- Expert testimony about the design problems.
- The original filter design schematics.
- A good IVC filter design can also fail because of poor construction. The equipment could be faulty or substandard and at high risk for malfunction. The most common evidence of these defects includes:
- Expert testimony about the filters’ defects.
- Testimony from people who made the filter.
Nevertheless, proving that medical device makers made a mistake is quite complex. After all, they keep their operations very secret. As a result, it becomes hard to gather strong evidence.
Thus, contacting a skilled and experienced IVC filter attorney is crucial in helping you get maximum compensation for the losses and injuries caused by a defective IVC filter.
The medical manufacturers have various responsibilities. It includes instructing doctors on how to use their products safely. In addition, they should also disclose the potential complications and health risks of using their products.
Warning labels on the packaging for medical devices should be:
- Easy and simple for doctors to understand.
- Placed conspicuously where the doctor can see it.
- The warning labels.
- Other information is included with the device packaging.
Parties who can be sued in IVC filter lawsuit
IVC filter victims typically sue the manufacturer. There are many IVC filter manufacturers, but the three major manufacturers are:
- Bard G2 filter.
- Bard G2 express / G2x filter.
- Bard recovery filter.
- Denali vena cava filter.
- Eclipse vena cava filter.
- Meridian vena cava filter.
- Simon nitinol vena cava filter.
- Gunther tulip vena cava filter.
- Cook celect vena cava filter.
- Cook celect platinum.
Boston scientific is known to make greenfield filter. It is for patients who face pulmonary embolism.
What type of compensation can victims recover from an IVC filter lawsuit?
By filing an IVC filter lawsuit claim, you can sue the manufacturers for economic and non-economic damages.
Economic damages have a monetary value attached to them. Examples include:
- Medical bills. This includes rehab and home health care (past and future).
- Lost wages while the plaintiff was too sick to work.
- Loss of earning capacity while the plaintiff is too ill to work.
- Other out-of-pocket expenses are supported by receipts.
Some economic damages can be “capped” at a maximum. Note also that state laws vary.
Non-economic damages are hard to calculate. They comprise intangible injuries. Examples include the plaintiffs’:
- Mental anguish and emotional distress the filter caused.
- Pain and suffering. This includes physical pain from injuries and revision surgeries.
The plaintiff’s spouse may also be able to sue. For example, spouses could claim “loss of consortium.” This is when the injury had a direct and negative marital impact, such as:
- Sexual dysfunction.
Factors that help you determine non-economic damages for your IVC filter claim in 2022 include:
- The plaintiff’s prognosis.
- The type and seriousness of the injuries.
- How long the recovery will take, if ever.
- Whether there are permanent injuries.
- Whether there is chronic pain.
- The extent the injuries compromise daily activities.
- The extent of the injuries impacts family and friends.
Some non-economic damages can be “capped” at a maximum. But again, every state’s law is different.
Nevertheless, consulting with the top IVC filter lawyers is your best decision to address any doubt. Competent and reliable lawyers are well aware of the latest IVC filter updates of 2022. They will guide you in the right direction to win your case.
Economic damages pay back the victims for their injuries, and so do non-economic damages. However, punitive damages are different. Punitive damages punish the defendants (medical device makers) to deter other device makers from acting the way the defendants acted.
An award for punitive damages can be very high. States have their own rules about caps.
How long do I have to file a IVC filter lawsuit?
Each state has its statute of limitations. In most states, the victims have two (2) years after the IVC filter complications to file an IVC filter lawsuit. Choosing the right lawyer will help you get a fair IVC filter lawsuit settlement for your case without all the hassle. However, it’s important to remember that if you fail to file within the statute of limitations, you will lose your right to claim financial damages.
Contact Ethen Ostroff Law today
After analyzing the facts of your case, our firm will provide you with the best references to the top IVC filter lawyers in Philadelphia. The right lawyers know how to proceed and recover compensation for any harm done by a defective chair for infants. We will fight for the justice you and your loved ones deserve.