Making the decision to have surgery is a difficult one. But if you do decide that surgery is the right option for you, then you put your trust in your doctors and hope that it improves the quality of your life. You also assume that any medical devices or implants that are put into our bodies are effective and safe.
Unfortunately, we see many cases of people who have suffered a number of complications due to defective IVC filters. Serious complications include organ damage and perforation, filter fracture, blood clots, and device migration. In an IVC filter lawsuit, often, the manufacturers of these dives are responsible for the harm caused and can be held accountable under negligence laws.
If you or a loved one have suffered because of an IVC filter injury in North Port, Florida, then get in touch with The Law Place today. We offer a free consultation under no-obligation so that you can seek free legal advice before deciding how to proceed with your case. We have over 75 years of combined experience in medical malpractice and personal injury lawsuits in Florida, including numerous IVC filter lawsuits.
Contact us today at (941) 444-4444 and speak with one of our friendly and knowledgeable attorneys. Phone lines are open 24/7.
What Is an IVC Filter?
An IVC or inferior vena cava is a large vein in your abdomen that takes blood from the lower half of your body to your heart. If you have a risk of blood clotting in your pelvis or leg (deep vein thrombosis or DVT), then this clot could travel through the IVC to your lungs or heart, resulting in life-threatening complications.
Commonly, this is treated with blood thinners. However, for patients with DVT who do not respond well to blood thinners, an IVC filter could be an alternative treatment.
An IVC filter is a small metallic filtering device that is surgically implanted into the inferior vena cava and stops blood clots from traveling to the heart or lungs. In the past, they were a permanent intervention, but nowadays, they are made to be retrievable so that they can be removed if necessary. They should be a life-saving device that can be implanted through a minimally invasive procedure. However, between 2005 and 2010, The Food & Drug Administration (FDA) received almost 1,000 reports of serious complications from retrievable IVC filters and issues associated with their removal.
IVC Filter Lawsuits
IVC filters were approved for use in 1979. At the time, they were considered a huge progression in medicine, preventing life-threatening blood clots. However, between 2005 and 2015, the FDA enforced six significant recalls of IVC filters.
This was due to an increasing number of reports of serious injuries and even deaths caused by the devices. In 2004 and 2014, the FDA released a comprehensive IVC filter safety communication.
A number of manufacturers of IVC filters, such as C.R Bard, have been involved in class action and individual lawsuits. They were made to compensate victims of IVC-filter injuries because it was found that their devices were defective, and they failed to warn patients about the potential risks. In July 2018, over 8,000 lawsuits were filed against Cook Medical and C.R Bard for defects associated with some of their models of IVC filters, including:
- Bard G2 Filter.
- Bard Recovery Filter.
- Bard G2 Express Filter.
Risks and Complications of Bard IVC Filters
Some of the complications associated with IVC filters provided by Bard include:
- The breaking up IVC filters causing serious injury to the lungs, heart, and other organs.
- Device migration to other areas of the body, resulting in damage to organs and tissue.
- A puncture to filter, putting the patient at serious risk.
- The inability to remove the device without serious risk.
Inferior vena cava filters have also been known to cause:
- Blood clots.
- Abnormal heart rhythms.
- Heart palpitations.
- Pulmonary embolism.
Defective IVC filters can sometimes lead to emergency surgery, including heart surgery. If you have experienced any of the complications listed above or any issues that are not mentioned, you should speak to a personal injury lawyer today.
What Damages Can I Recover in an IVC Filter Lawsuit?
If you have suffered due to a defective medical device, then you should be awarded compensation for your suffering. A personal injury lawyer will review the details of your case and fight for maximum compensation. Some of the damages you could be entitled to are:
Any medical expenses that you have received should be compensated for. This includes all medical bills, as well as any adjustments you have had to make to your home.
With the help of a personal injury lawyer, you should also be able to fight for compensation for any future medical expenses as a result of ongoing treatment.
Any Related Household Expenses
When you file an IVC filter lawsuit, any household expenses should also be considered. Perhaps you need someone to take care of your children, or drive you around, or clean your house. If your injuries have left you unable to do these types of tasks, then you deserve compensation.
Loss of Income
When a medical device causes serious complications, victims are often left unable to work for a significant amount of time. If you have lost any income as a result of your injuries, then you should be compensated.
Your attorney will also help you to calculate any future loss of income as a result of ongoing treatment. Furthermore, if you need to change the nature of your work due to your injuries, then you should be compensated for lost earning potential. For example, if you had an active job that you can no longer do, then you should be compensated for the loss of earning potential, as well as the cost of retraining in something new.
Pain and Suffering
As well as economic damages, non-economic damages should also be accounted for. This includes any pain and suffering you have experienced. It could also include physical pain, PTSD, anxiety, and stress.
It can be difficult to quantify non-economic damages. The most common method is to take the cost of your medical expenses and multiply it by a number (from 1-5) related to the severity of your injuries. If your injuries are serious, then your medical bills could be multiplied by a number as high as 5. An attorney will help you to fight for a fair settlement for your pain and suffering.
IVC Filter Wrongful Death Lawsuits
During such a stressful time as losing a loved one, an attorney can take over your case so that you do not need to deal with the complex legal battle. Perhaps you have lost a partner and are now trying to care for children and a house without the same level of help. You deserve to be compensated for this. Although it will not make your loss any easier, it may take away some of the financial strain you are experiencing. Other damages you could claim in a wrongful death lawsuit include:
- Loss of consortium/ income to a family household.
- Any medical expenses incurred by your deceased loved one as a result of the defective IVC filter.
- Funeral costs.
- The loss of any inheritance.
- The pre-death “pain and suffering” of your loved one.
- The loss of guidance, care, and nurturing provided by your deceased family member.
- The full value of the services that your lost loved one provided.
- The loss of companionship.
The Law Place Can Take on Your IVC Filter Case
We are a well-established law firm that handles serious injuries and death claims across North Port and the rest of Florida. We work tirelessly in the pursuit of justice, regardless of the complexity of the case. IVC filter cases are rare compared to other forms of personal injury, but we have the experience and knowledge necessary to take on these cases.
Our attorneys have over 75 years of combined experience, and most of our attorneys have the highest possible AVVO rating of 10.0, based on years of service, client reviews, awards, and more. But what really sets us apart from other law firms is that we are a close-knit team. With your permission, we will review your case as a team so that you can benefit from the combined skill of our experienced lawyers. That way, we ensure that no stone is left unturned, and we can fight for maximum compensation. At the same time, you will have one attorney who will become your advocate and will support you through this process, with your best interests at heart.
What Will a Personal Injury Lawyer Cost?
We work on a contingency basis, monitored by The State Bar Association. This means that our fee is taken from a percentage of your settlement, and you will not be required to pay us anything if your claim is unsuccessful. We are completely upfront about costs and will not leave you with any surprise bills.
Contact The Law Place Today for a Free Consultation
If you or someone you love has suffered because of an IVC filter defect in North Port or elsewhere in Florida, then get in touch with The Law Place today.
In a free consultation, we will determine whether we believe you have a case. We will offer you free advice, and you have no obligation to continue working with us.
If we think you have a valid claim and you decide to agree to representation, then we will get the right to work. We will not rest until we have fought at every possible angle to secure you the compensation you deserve.
Get in touch today at (941) 444-4444. Our phone lines are open 24 hours a day, 365 days a year.