Bard Recovery, G2 IVC Filter Lawsuit Removed to Federal Court

A class action lawsuit filed against C.R. Bard over its Recovery and G2 IVC (inferior vena cava) filters has been removed from state court in Florida to the federal court system. 

The Bard IVC filter lawsuit is one of at leasat three different class action complaints that have been brought against the medical device manufacturer, alleging that problems with the Bard Recovery IVC Filter and Bard G2 IVC Filter may pose a serious risk for individuals who had the small, spider-shaped device implanted in their vena cava to prevent blood clots from travelling to their lungs.

Inferior vena cava filters are an alternative treatment for patients at risk for a pulmonary embolism. They are often used when an anticoagulant is contraindicated or if such medications have not been effective.

The devices contain a number of legs or struts that extend out to catch blood clots that may break free elsewhere in the body, such as the deep veins of the legs.

The Bard Recovery and Bard G2 IVC filters are designed so that they can be removed once the threat of a pulmonary embolism has passed, but many physicians allow the devices to remain in place. As a result, a number of individuals have experienced severe and potentially life-threatening complications when one of the legs or struts fractures or breaks, potentially travelling to other parts of the body like the lungs or the heart.

Bard IVC Filter Class Action Seeks Medical Monitoring

The complaint (PDF) was originally filed in July 2012 in the Circuit Court for Florida, in Palm Beach County by plaintiffs Samantha Bouldry, Eula Huff, Sandra Lorenz, and Janet Roberts.

On September 6, attorneys for C.R. Bard, the manufacturer of the devices, filed a Notice of Removal to transfer the case to the U.S. District Court for the Southern District of Florida, indicating that the class is likely to involve more than 100 people, that the total claims could exceed $5 million or that members of the plaintiff class will be diverse from at least one defendant.

Similar Bard IVC filter class action lawsuits have been filed in Pennsylvania and California courts, each involving nearly identical allegations that the manufacturer knew or should have known for years that their IVC filters were prone to fracture, but failed to warn consumers or the medical community.

The complaints seek to force Bard to pay for the medical monitoring that patients will need to ensure that the filters have not fractured in their body as long as they remain in place. An estimated 100,000 of the devices have been implanted in patients in the United States.

In addition to the class action claims, a number of individuals throughout the United States are currently pursuing a Bard Recovery or G2 IVC filter lawsuit after suffering an injury when one of the struts or legs fractured.