Trial of Bard Vena Cava Filter Lawsuit Ends in Defense Verdict for Manufacturer

As part of a series of early trial dates scheduled for Bard vena cava filter lawsuits, which have been brought on behalf of more than 3,500 individuals throughout the federal court system, a jury has returned a defense verdict following a 12-day trial.

The case was the fourth bellwether trial involving the small devices manufactured by C.R. Bard, which have been linked to reports of severe and life-threatening complications after moving out of position, puncturing internal organs or fracturing, resulting in small pieces of the filter traveling throughout the body.

Given similar questions of fact and law presented in complaints filed by individuals nationwide, the federal claims are all centralized before U.S. District Judge David G. Campbell in the District of Arizona as part of an MDL, or multidistrict litigation.

Learn More About

IVC Filter Lawsuits

Design Problems with Certain IVC Filters Linked to Severe Injuries. Lawsuits Reviewed Nationwide.

Learn More About this Lawsuit See If You Qualify For Compensation

To help the parties gauge how juries may respond to certain evidence and testimony that may be repeated throughout the claims, Judge Campbell has established a “bellwether” program.

Earlier this year, the first Bard IVC bellwether case ended in a $3.6 million award, after a federal jury found that the manufacturer recklessly disregarded the safety of consumers who received their filters. However, a second case ended in a defense verdict for Bard in June 2018, and a third bellwether case was dismissed due to statute of limitation issues.

On October 5, a federal jury returned a defense verdict in the fourth case, which was the third to go to trial against C.R. Bard, involving claims brought by Lisa Hyde and her husband. At trial, the parties disputed the exact model of Bard filter that was implanted in the plaintiff. Following the close of evidence and deliberations, the jury reportedly determined that plaintiffs failed to meet the necessary burden of proof in the case.

While the outcome of this bellwether trial and others are not binding on other plaintiffs, each of the trials are being closely watched by the parties and may influence eventual negotiations to reach IVC filter settlements, which would avoid the need for thousands of separate trials to be held nationwide.

In a case management order (PDF) issued on October 5, Judge Campbell confirmed that the MDL court will hold at least two more bellwether trials. One of the trials will involve a claim brought by Debra Mulkey, who was originally scheduled to go to trial in September. However, her case was delayed due to health issues. That trial will now be held in February 2019, according to the court order. Another case will follow in May.

In addition to cases against Bard, another 3,750 Cook IVC filter lawsuits are centralized as part of a separate MDL, involving similar allegations of design defects. Last month, a Texas jury awarded $1.2 million in damages to a firefighter who suffered injuries from a Cook Celect filter.


  • PeterOctober 10, 2018 at 5:31 pm

    I had one of the little monsters installed in me in 2010, the Dr.s tried to remove it and failed, reporting the filter deployed incorrectly. Since I have learned the filter has migrated through the venous wall and is threatening to puncher the small intestine, causing peritonitis which will eventually kill me!!!

Share Your Comments

I authorize the above comments be posted on this page*

Want your comments reviewed by a lawyer?

To have an attorney review your comments and contact you about a potential case, provide your contact information below. This will not be published.

NOTE: Providing information for review by an attorney does not form an attorney-client relationship.

This field is for validation purposes and should be left unchanged.

More Top Stories

Management of Ozempic Lawsuit Pretrial Proceedings To Be Reassigned Following Death of MDL Judge
Management of Ozempic Lawsuit Pretrial Proceedings To Be Reassigned Following Death of MDL Judge (Posted 3 days ago)

The judge overseeing Ozempic lawsuits consolidated in federal court has died, requiring a new judge to be assigned to oversee coordinated pretrial proceedings over claims the diabetes drug and similar medications caused stomach paralysis and other intestinal complications.