Filing of New Bard IVC Filter Lawsuits No Longer Allowed Directly in Federal MDL, As Consolidated Pretrial Proceedings Close
Following several years of coordinated pretrial proceedings involving more than 7,000 Bard IVC filter lawsuits, the U.S. District Judge presiding over the federal multidistrict litigation (MDL) indicates that new cases can no longer be directly filed in his court, as he prepares to remand large numbers of claims back to U.S. District Courts nationwide for individual trial dates if settlements are not reached.
Since 2015, all product liability lawsuits filed against C.R. Bard over problems with retrievable inferior vena cava (IVC) filters have been centralized before U.S. District Judge David G. Campbell in the District of Arizona, for coordinated discovery and pretrial proceedings.
Each of the complaints raise similar questions of fact and law, alleging that plaintiffs suffered painful and potentially life-threatening IVC filter complications, where the small devices moved out of position, punctured internal organs or fractured, causing small pieces to travel throughout the body.
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Following a series of early “bellwether” trials designed to help parties gauge how juries are likely to respond to certain evidence and testimony that will be repeated throughout the claims, including one trial that resulted in a $3.6 million verdict and two other claims that resulted in defense verdicts, Judge Campbell has previously indicated that the work in the MDL is nearing completion, and ultimately each case will need to be returned to the Court where it originally would have been filed for a separate trial date.
In a case management order (PDF) issued on May 31, Judge Campbell declaring the “MDL is now closed,” indicating that future cases can no longer be filed directly in the District of Arizona. Any new cases filed in the MDL using the previously approved short-form complaint will be rejected by the court, and the filing fee will be refunded.
As a result, each additional IVC filter lawsuit against Bard must be filed in the appropriate U.S. District Court, and proceed with an individual trial schedule. However, the parties will have access to the consolidated discovery and rulings that were made in the MDL.
While Bard has negotiated individual IVC filter settlements in certain cases, a global agreement has not been reached to resolve the entire litigation.
Earlier last month, Judge Campbell ordered the parties to make a joint filing by July 1, which identifies all cases that fall within two settlement tracks, and which U.S. District Court the claim should be transferred back to following the conclusion of the MDL proceedings.
In addition to the cases filed against Bard, nearly 4,000 Cook IVC filter lawsuits are pending in a separate MDL, raising nearly identical allegations that devices sold by this competing manufacturer carry similar design defects. In February, an Indiana jury found that Cook Medical should be required to pay $3 million in compensatory damages, and a steady stream of additional cases are expected to go before juries if settlements are not reached.
AnnSeptember 23, 2019 at 12:18 pm
Omg I'm sorry to hear that. I've had bard G2 since 2006 and a suit started since 2018 . I'm just hearing now through others I wouldn't have expected that my filter is way worse than I thought. I may end up sitting along side you. If you ever want to reach out to talk , you can email me. Subject line fill in so I notice please. I feel like I've been handed a death sentence .. I know it won't fix ev[Show More]Omg I'm sorry to hear that. I've had bard G2 since 2006 and a suit started since 2018 . I'm just hearing now through others I wouldn't have expected that my filter is way worse than I thought. I may end up sitting along side you. If you ever want to reach out to talk , you can email me. Subject line fill in so I notice please. I feel like I've been handed a death sentence .. I know it won't fix everything but it still will help. Get Justice!!!!
ShellyAugust 13, 2019 at 7:14 pm
Christopher, I am in the same boat my friend. It has ruined my life as I knew it. I"ve lost everything too. I am a shell of the person I once was. The Med Center in Nebr saved my life and repaired my insides that were all tore up from the filter titling and perforating my artery. A piece of it is in my back now Causing trouble with my spine and legs.
ChristopherJuly 16, 2019 at 8:09 pm
Mine shattered broken pieces in heart and in my gut somewhere. Had stroke and disabled. About to lose everything I have due to this crap!!!! Had a pathology report and have my filter in a box. Mayo Clinic in Minnesota saved my life!!!!
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