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Bard IVC Filter Settlement Reached After 10 Days of Trial

  • Written by: Irvin Jackson
  • 30 Comments

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Following ten days of trial, C.R. Bard has reached an agreement to settle a product liability lawsuit that alleged the plaintiff suffered severe injuries due to problems with a Bard Recovery Inferior Vena Cava (IVC) filter

The trial was being held in the U.S. District Court for the District of Nevada, involving a lawsuit filed by Kevin Phillips in June 2012, which claimed that the small IVC filter broke inside his body and perforated his heart.

According to a docket entry on February 9, the parties advised the Court that a settlement had bee reached for the Bard IVC filter lawsuit, but details of the agreement were not released.

IVC filters are small devices that are implanted into the inferior vena cava to “catch” blood clots that may break free inside the deep veins of the body and travel toward the lungs. The spider-like filters contain several legs, or struts, that expand inside the vein to prevent a pulmonary embolism.

Phillips received his Bard Recovery IVC in 2005, and suffered his injuries in April 2010. At trial Phillips alleged that the Bard Recovery filter was defective and failed to remain stable when challenged by one of the blood clots it was supposed to stop. The device allegedly broke, and one of the legs traveled to his heart.

Phillips had to undergo open heart surgery and an extended recovery period.

The complaint raises allegations similar to those presented in a number of IVC filter lawsuits filed against C.R. Bard in recent years. Problems with the Recovery filter, and a second-generation version known as the Bard G2 IVC filter, have been linked to dozens of reports where the filters failed and the legs either broke off or allowed the filter to move other parts of the body, piercing the inferior vena cava or other vital organs.

Most of the lawsuits have been brought following an FDA alert issued in August 2010, which warned about the risk of problems with removable IVC filters, indicating that the agency had received more than 900 adverse event reports. Of those reports, 328 involved the IVC filter breaking free and migrating through the body, 146 involved  components breaking loose, 70 involved the inferior vena cava being perforated and 56 involved the filter fracturing.

The FDA recommended that doctors remove the filters once the danger of the clot has passed, to reduce the risk of the filters breaking free and traveling through the body.

In recent months, a growing number of similar lawsuits over Cook IVC filters have ben filed, stemming from problems with the Celect or Gunther Tulip filters.

According to the lawsuits, an April 2012 study published in the medical journal Cardiovascular Interventional Radiology found that 100% of Cook Celect and Gunther Tulip IVC filters perforated patients’ venal caval wall within 71 days of being implanted. The study also found that 40% of the filters became tilted and out of position.

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30 comments

  1. Kenneth Reply

    I had a filter put in 2011. Now I think I’m having problems. I get sever dizzy spells a get the sweats and nausea. I’m also covered with burses.

  2. Shirley Reply

    I have severe pain in my chest backside. Had a CT scan. Doctors in radiology say it has not moved but not if it has fractured. Doctor who originally put it in won’t even discuss anything about it. He advises me to go to my GP. Excuse me but my GP didnot order it or insert it. I have a gut feeling that there will be major problems in getting it removed. Went to a new doctor. His words, “they are not meant to be removed for can cause more damage than already have”. When I was sold this bag of tricks its main selling point was how easily it could be removed. I can see or my estate a major lawsuit in my future.

  3. Dave Reply

    Had a filter in place in 2013 and just recently had a 6 day hospital stay due to clots forming below and one above the filter. I am pursuing a clinical study at Stanford University for removal but after so long there are possible complications. They installed a second filter above the first one and that HAS to be removed in 2-3 months as the first one should have.

    I urge anyone that is having issue to contact clinical studies and or groups doing this for the IVC filter they are definitely out there.

    I’m not sure how this can go one without serious law suits occuring because of the filter. I guess time will tell.

  4. Debra Reply

    I had filter implanted July 2011 in which I am beginning to have complications as chest pains and severe pain in my groin where the filter was implanted . I tried also tried discussing it with my physician and was advised it is too dangerous to be removed . I am not really comfortable with having this filter due to the life threatening complications or poses.

  5. Doreen Reply

    I had an IVC filter implanted in 2010. I had no idea it was temporary. I had a CT scan today to check its status. I to have chest pains and I’m scared to leave it in even though o know he’s going to tell me it’s inoperable. Now what????

  6. alex Reply

    I had a filter placed in 2013 an it had migrated an punctured my IVC as well as two legs embedded my spine, aorta, somas back muscle an nearly punctured my spleen an stomach. I was active duty military with promising career then was forced to medical retire after 8 years of service I’m now 27 disabled an unable to havevstabke job due to constant doctor visits

  7. Wesley Reply

    My doctor took me off warfarin and put me on another pill for four weeks. After two weeks I had to go to an emergency lab by ambulance and I was declared critical with a G. I bleed. I was in the hospital for two weeks and rehab for two weeks. Later I went to talk with the doctor and he said I may had been taking a placebo

  8. Michael Reply

    My mother has had one in for 11 years and the doctors never told us that they were suppose to be removed 6 months to a year after insertion. To many complications to name. IT HAS BEEN HORRIBLE !!!

  9. Annette Reply

    I’ve had mine since 2004 and had severe back pain to find it ruptured and lodged in between three vertebre. Severe pain and could cause paralysing.

  10. Robert Reply

    In 2006 My mother Irene Morales had a filter placed then she had a stroke and passed away shortly after, i dont have access to her medical records, am I eligible to take part in the class action???

  11. Juan Reply

    I have had worse back pain after my first and last epidhural and they wanted to give another one I said no they told me that if I did not get the ephidural 3 r time they will not px medication for my pain

  12. Lori Reply

    Wow! Im very lucky that my health is good right now.

  13. Randy Reply

    I had a ivc put in 2005 before a neck surgery.
    Now I have back pain, and in my chest as well also my left leg is so hard to move and cold.
    My hands go numb and tingling, myhead never stops ailing. My sex life has been damaged as well. It’s a ticking time bomb. Caboom their I go.I hope you all get a settlement in our cases.
    But don’t settle for anything less then millions, its our life that is at stake! !!?

  14. tracy Reply

    I don’t have the ivc filter,but I had cancer a few years and had a port put in my upper chest . the doctor says embolized fragment from the port is straddling my main pulmonary arteries. but theres nothing out here about the porta cath so I thought id ask here

  15. Ellen Reply

    I had IV filter put in on September 2004, I now have problems with my left leg and arm tingling. I do not know where to go to get this checked can someone help.

  16. Roni Reply

    I have a Bard filter put in in 2007. Had emergency surgery Christmas 2014. To find out 2 legs had broke off and blocked blood flow. It’s horrible what I have had to go through. Was told it should have never been left in past 3 months.

  17. Greg Reply

    I had one put in in 2010. Tried to remove a year later but to no avail as it had attached itself to my vena cava. Year later I was back in the hospital with both PE and DVT’s. Clots got thru. IVC has apparently tilted. 11 clots in lungs. Second IVC was installed and eventually removed later after I had another 3 week stay in the hospital and another 3 procedures done. Am now on permanent Coumadin and still have original first tilted IVC filter still in me. Thus no protection as it didn’t help previously and the second has since been removed. Always in the back of my mind if parts of this are going to break off and travel to heart and lungs thus potential death. Dealing with it as there is nothing much anyone can do.

  18. Justin Reply

    I had a IVC filter implanted in 2008. Last month it migrated to my heart. It punctured my heart in three different places. I had to have open heart surgery for removal.

  19. Laura L Reply

    My filter was inserted in 1989 it broke in 2000 and 7 and now again in 2017 it is broken in 5 more pieces I have a total of 6 pieces gone all together three of already protruded the venacava and a floating around in my body one piece is waged between my kidney and the muscle and it’s irritating the muscle I’m in constant pain I take painkillers like their candy my chest is constantly feeling like I have a heart attack and here’s the good news they told me when they take it out is going to kill me. I did research and found a doctor at Stanford Medical Center in California his name is dr. Lau Auntie has invented a laser specifically to take and do something with this filter. We have fundraisers going to try to help me raise the money for the surgery but hopefully it can help you. This man has a 100% success rate and if you’re having problems with your filter I am begging you call this Dr. Good luck and God bless you all.

  20. Patsy Reply

    Had a IVC Filter put in 2012 to prevent blood clot, due to I had a hysterectomy, I developed a blood clot in my right leg due to the IVC Filter, the Dr told me back in 2012 it was fine didn’t need to take it out been 5 years know it can’t be removed, I experience right leg swelling,burning pain, cold, numbness, a severe burning and pain in my inner right thigh, chest feel like something is sticking me always hurting left arm is numb and hand, feel like I’m have heart problems, can’t hardly walk on that right leg

  21. Marvi Reply

    my grandma past away on april but i don’t agree with this none sense of after sergerie from heart everyday was dizzy sweating .next thing you know she has sergerie for her legs she could walk next thing you know is she dad this weir stomach pain went to the hospital and dye. I DON’T WANT NOTHING ELSE BUT MY GRANDMA BACK! i know that is impossible but i know that i can probably save some lives out there by telling go to the doctor have them make a well done check up! don’t even think about it only you guys know how you feel and only you guys can really make it be better for all.

  22. Forest Ben Reply

    I has questions how all about. If the 2012 I bee Toxi Poison damages my liver do the case are familial associate or we talking others case .
    Because my Name was on you list and what is the amount of settlement ?

    Whom is the defender please allege the natures. And how soon the compensation

  23. Joburg Reply

    I feel there is need to examine the causes why IVC filters tend to break and cause a threat to human life.

  24. Barbara Reply

    Had my IVC put in, In 2012 as a precaution of getting a blood clot to my heart was not told at time that it should not be in you to long, I was getting ready to have Knee surgery but I was already taking warfarin who knows, NOW I have all kinds of chest pain, back pain, arm pain, and now it can not be taking out, do I need to take a CT scam to see?

  25. Tina Reply

    I have leg problems issue as well, so I too can relate.

  26. Juliette Reply

    I always pray that I can save myself not just some pain but save me money to enjoy small good things i can want to try myself. Yes. That’s it! I try to be as content as possible without having to involve myself to trapping or addicting sensations that money can provide! Money is good if it is only enough and spent at the right time, saving also is a good skills.when it comes to financiablitiy!

  27. Anonymous Reply

    I had a filter put in back in 2008. NOBODY told me it wasn’t supposed to stay in forever. My GP, vascular surgeon, hospital. NOBODY. I’ve had problems ever since. Don’t wait. Get a lawyer who specializes in these types of lawsuits to sue ALL the parties involved and then get the damn thing OUT. There are two really good surgeons in PA and CA that specialize in difficult cases that other doctors turn down. Dr. Lynch (PA) and Dr. Kuo (CA). 95% success rate. Good luck.

  28. Marie Reply

    Had an IVC filter placed in 2010 and had problems about the last four years it was in my body. Having a hard time eating and drinking. That’s because it was going through my bowel, aorta, and my spine. Not fun. Went to the university of Utah to have it removed and the stupid doctor that took my filter out didn’t give me antibiotics. The filter was in my bowel which has bacteria on it and then he pulled it through my blood stream which ended up giving me sepsis. Didn’t know how deadly that was till I got it!!!!!!!

  29. Tama Reply

    I have a filter IVC filter placed in 2005 after surgery due to that I have a cranium tumor I didn’t know the status of the IVC G2 filter at that time due to that I was trying to stay alive because my cranium tumor was very serious I had 5 surgeries in 3 years to rid of that tumor I survived it. I was advised by my neurosurgeon to leave the IVC filter in because I was going through so many surgeries and I had hematology issues they thought it was necessary in 2012 I try to have the G2 filter removed unfortunately it migrated to my tissue and when the technician tried to remove it he could not do to the IVC filter had migrated to my tissue and when he was pulling on it it was breaking apart I was having pain in my right lower abdomen so he stopped . Now I have hematology issues headaches vain embolism’s in my right leg nausea light headed dizzy spells. I was told at the time it was a very serious condition and that was it . I’m really confused I fought so hard to stay alive due to that cranium tumor and in all that time something else is going to get me in the end.

  30. Mark Reply

    I had one of the early filters put in c. summer of 2004. The filter was implanted at Cedars Sinai Medical Center in Los Angeles. Their then department head of “interventional radiology” was anxious to get the thing in me. The initial CT and MRI’s done when I was admitted that day, showed that I’d not only developed a blood clot in my leg, while recovering from a triple kyphoplasty to repair some crush-fractures in vertebrae. A home health nurse found a “hot spot” behind one knee during a home visit (I was still in a wheelchair mostly) and she took my hand, looked me in the eye, and said “I’m calling paramedics and Cedars and we’ll get you admitted thru the ER: Within a half our I was in the ER at Cedars, and they were discussing using the “clot buster” fiendishly expensive then new drug to break up the clot. The injected me but the clot failed to completely dissolve. Next step was the filter. Their scans showed no only the clot that put me in the ER that day, but there was evidence of 11 previous clots having hit my lungs and leaving their tell-tale signature on the lung tissue – which would have only been diagnosed with a CT or MRI, or because my heart stopped from the shock and they found it in post mortum trying to ascertain the exact cause of death (thankfully the scans and MRI’s were the way I found these clots – the other alternative wasn’t real enticing!) The then somewhat naive docs were telling me this was like magic. I just would not have to worry about clots and the filter should last the rest of my life. I was 53 at the time of the implanting of the filter. They prepped me for surgery and I was in and out of anesthesia and “Interventional Radiology” within 45 minutes. The anesthetic they used was Versed and Fentenyl to put me out, and Prophopol on a computerized pump to keep me under. Nice thing about those drugs is that they don’t leave you feeling wasted like the narcotic gasses do. And no metallic taste in your mouth for days after surgery, either.

    I awoke in recover, my radiologist visited me later that day and assured me I could go home and back to my life without fear of a clot again. All went well for the first five years. Then mysterious pains, swelling in one leg or foot but not the other (on-goiing even today) and all the other symptoms many of you are so familiar with.

    I need to get this ticking time bomb out of my body. I’m living in Scottsdale AZ now, and even called Mayo Clinic here in town. They said they don’t have the expertise and experience to do this. I have called a few docs round the nation who have done successful removals. So far none have impressed me. Frankly many were arrogant jerks, except for two who barely spoke understandable English. I need to find a doc with the necessary experience and knowledge to get this thing out, even if it means chasing down pieces of it to do so. Anyone with a suggestion of a physician who knows what he’s doing in this obscure area of specialization – please let me know. If there is a consensus among my fellow suffered as to who is “the top guy” or “the best” at this removal – please email me with his contact details.

    Secondarily to the removal, I obviously need a lawyer. The hospital and the manufacturers of this device should never have been allowed to market them – and they were,I found out later, marketed aggressively to both the Hospitals and the various cardiologists, venus specialists, and general surgeons round the nation. I know or have learned that my filter implant was one of the earliest Bard models and obviously it should not have been cleared for use. I’ve suffered this ticking time bomb in my body for far too long. And I have no problem going after Bard or anyone and everyone else for what they have caused me to suffer thru for the last 15 years. Anyone know some good and aggressive lawyers? Any consensus about who is wining these cases? Again, any help or referrals anyone can offer would be deeply appreciated.

    Apologies for the hideous length of this statement (and rant). There is no quick way to say these things. I wish each and everyone of my fellow suffers all the best.

    Mark

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