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Shezad Malik MD JD
Shezad Malik MD JD
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New York Bard IVC Filter Migration & Perforation Lawsuit

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Personal injury and defective product liability lawsuits, are being filed on the behalf of patients who developed potentially life threatening injuries after treatment with the inferior vena cava (IVC) filter device. The latest lawsuit, alleges that the Bard G2 Express IVC filter migrated and punctured the Inferior Vena Cava.

NBC News Expose About Dangers with the IVC Filters

Recently, an NBC News Investigation raised questions about the Bard Recovery blood-clot filter, a medical device implanted in thousands of Americans at risk for blood clots.

The television program, aired in 2 episodes, noted that the device was linked to at least 27 deaths and over 300 other non-fatal injuries. The second report questioned how the filter device received FDA clearance and alleged that a key signature on the application may have been forged.

New York Bard G2 Express Lawsuit

The lawsuit by Michelle Mercurio from New York, claims that a Bard G2 Express filter, implanted into her inferior vena cava to reduce the risk of pulmonary embolism, punctured the vein, causing serious injury.

Mercurio filed in the U.S. District Court for the Western District of New York in September, and listed C.R. Bard and Bard Peripheral Vascular, Inc., as defendants. Mercurio received the Bard G2 Express IVC filter in October 2009, because she had a history of deep vein blood clots and was to undergo gastric bypass surgery. This device was used to prevent any new leg blood clots from traveling to the lungs.

Five years later, Mercurio was diagnosed with G2 IVC filter migration and puncture of the vena cava, after she complained of abdominal pain. Mercurio’s physician concluded that removing the IVC filter was too risky. To this date, Mercurio still has Bard G2 Express IVC filter in her body, and is faced with a increased risk of further injury from the defective device.

What is the Bard G2 Filter?

The Bard G2 Express IVC filter is designed as a multi-pronged metal device to “trap” blood clots that may break free from the leg veins before they can reach the lungs and cause a pulmonary embolism. Recently, experts have sounded alarm over the risk of side effects from IVC blood clot filters, which can move out of place, damage the vena cava, or even break apart causing metal fragments perforate the heart or lungs.

Bard IVC Filter Complications

The G2 filter is the second generation version of the Bard Recovery filter, which is known to have fracturing, migration complications and very high failure rate. The plaintiffs claim that Bard knew the filter design was defective, knew about filter fractures and migration, but continued selling it anyway, after making minor changes and slapping on the G2 filter label.

The lawsuits also allege that Bard failed to warn doctors about the risks of complications associated with the Bard G2 filter and Bard Recovery filter.

FDA Warnings & IVC Filter Litigation Update

The FDA warned in August 2010, about the risk of retrievable filter problems, noting that the agency had received hundreds of adverse event reports where filters broke free and traveled to other areas of the body or caused other injury.

In May 2014, the FDA cautioned doctors to remove IVC filters within about one to two months after the risk of a pulmonary embolism has passed, noting that many doctors were not adequately warned about the importance of retrieving the devices.

Sadly, the FDA has not recalled these devices after issuing multiple warnings.

Recently, all Bard G2 and Bard Recovery IVC filter lawsuits, were centralized as part of a MDL, or multidistrict litigation, in the federal court system, before U.S. District Judge David G. Campbell in the District of Arizona for pretrial proceedings.

A similar MDL was created to centralize all IVC lawsuits filed against Cook Medical. Since October 2014, all Cook Celect and Cook Gunther Tulip IVC filter lawsuits have been consolidated before U.S. District Judge Richard L. Young in the Southern District of Indiana.