Bard IVC Filter Cases Selected For Trial Dates in Sept. 2018, Nov. 2018 and Feb. 2019
With more than 3,500 Bard IVC filter lawsuits pending in the federal court system, the U.S. District Judge presiding over the litigation has confirmed the three cases that will serve as the next “bellwether” trials, which are set to begin in September 2018, November 2018 and February 2019.
Each of the complaints raise similar allegations to those presented throughout the litigation, indicating that retrievable blood clot filters sold by C.R. Bard in recent years were defectively designed and prone to fail. The devices have been linked to injuries after they moved out of position, punctured internal organs or fracture, causing small pieces to travel throughout the body.
Lawsuits filed by Carol Kruse, Lisa and Mark Hyde and Debra Mulkey will go before juries in September, November and February, respectively, according to a case management order (PDF) issued on June 28.
The first Bard IVC filter bellwether trial went before a jury in March 2018, resulting in a $3.6 million verdict, which was recently upheld by Judge Campbell during post-trial motions. However, Bard prevailed in a second trial last month, which ended in a defense verdict.
Mulkey’s claim was originally expected to go before a jury starting on September 18, 2018. However, the order indicates that she has been experiencing health issues that make her availability for that trial uncertain. Instead of moving the trial date, the Court has replaced her bellwether claim with the Kruse case and reset Mulkey’s case for trial in February 2019.
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.
While the outcome of these bellwether trials are not be binding of remaining claims in the litigation, they are being closely watched by parties involved, and may influence eventual negotiations to reach IVC filter settlements, which would avoid the need for thousands of separate trials to be held nationwide.
"*" indicates required fields
More Top Stories
With thousands of Bard hernia mesh lawsuits pending in the federal court system, a fourth bellwether trial will be held in the spring, involving allegations that defects with Bard 3DMax caused painful and permanent injuries.
A Tepezza hearing loss lawsuit accuses the manufacturer of failing to warn doctors to conduct hearing tests, which could have helped a woman avoid permanent hearing damage.
A South Dakota man has filed one of the first gastroparesis lawsuits against Ozempic manufacturers, alleging that users have not been adequately warned about the risk of severe vomiting and long-term stomach side effects.