When we go to the doctors for medical issues, we put our trust in them to make the best decision for our health on our behalf. These doctors also place trust in device manufacturers and the FDA, that their products can be used safely on their patients.
Undergoing surgery for the implantation of an IVC filter can be a traumatic experience. Finding out shortly after that the product is defective, and that you have suffered serious injuries because of the defective device, is even more traumatic. If you are the victim of defective medical devices, including IVC filters, contact an experienced attorney as soon as possible.
At The Law Place, we have a team of personal injury attorneys who can help you fight against the product manufacturers to recover compensation for your injuries. Coming up against these companies can be tough, and they have teams of attorneys fighting to ensure that you do not get justice.
Our law firm has significant experience handling cases similar to yours and has the skills necessary to ensure that you receive justice. We offer a free consultation for you to come in and speak with our attorneys about your case with no strings attached. Our priority is protecting your legal rights.
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Functions of an IVC Filter
In the human body, the inferior vena cava (IVC) is the large vein responsible for transporting blood from the lower body to your heart. Some people who are at risk of blood clots in their pelvis or legs, such as deep vein thrombosis (DVT) or pulmonary embolism, may get an IVC filter to prevent these blood clots from traveling to their lungs or heart.
IVC filters are medical devices implanted into the inferior vena cava through surgery. This medical device filters the blood and prevents blood clots from traveling to the heart or lungs. IVC filters are life-saving medical devices that can prevent long-lasting health complications and death.
Traditionally, IVC filters were used as a permanent medical fix. However, more recently, these devices are used until the risk of pulmonary embolism has decreased. Retrievable IVC filters should now only be implanted for a shorter period and removed to prevent serious injuries from happening, as noted by The Food & Drug Administration (FDA) guidelines.
Medical patients also have the option of using blood thinners to prevent blood clots from traveling through their bodies. However, not all patients react well to blood thinners.
Side Effects of Defective IVC Filters in Orlando, Florida
When you undergo a surgical procedure to have an IVC filter implanted, you expect that the medical device is safe. You also expect your quality of life to improve and to suffer no further harm related to your blood and inferior vena cava. However, when a defective medical device is implanted, there can be significant complications and risks.
Some side effects of a defective IVC filter include:
- Pulmonary embolism.
- Inflammation.
- Device migration.
- Organ damage and organ perforation.
- Heart failure.
- Blood clotting.
- Chest pain.
- Stroke.
These serious complications can be caused by device migration, the perforation or puncture of vital organs, different parts of the inferior vena cava filter breaking loose, or the device components being lodged in other parts of the body.
If you are suffering any of the above symptoms, or if you received a retrievable IVC filter a long time ago, contact your doctor as soon as possible. They can assess whether your medical device has become defective, and remove it to prevent you from suffering life-threatening complications.
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IVC Filter Lawsuits
When IVC filters first made their way to the medical market, they were a tremendous breakthrough for helping with blood clotting. However, since 2005, the FDA has received many reports regarding the serious complications with IVC filters. Although they have yet to issue a recall, they have published several health warnings highlighting the risks of the long-term use of IVC filters.
IVC filter manufacturers have also received thousands of lawsuits from patients that suffered IVC filter injuries, including many deaths.
Bard IVC Filters
Bard IVC filters have been the subject of many lawsuits, including class-action lawsuits. This company failed to warn patients of the risks associated with the IVC filters they produce, including the Bard G2 filter, Bard recovery filter, and Bard G2 Express filter. Because of their failure to warn patients of the risks, many people suffered severe internal injuries and had to have emergency surgery to get the filters removed.
Many patients reported an IVC filter fracture not long after having the device implanted. Because of the IVC filter fracturing, patients suffered damage to their lungs and hearts. In a lawsuit brought against Bard recently in Wisconsin, the victim was awarded a $3.3 million verdict for her injuries.
There have also been several class actions against Bard IVC filters that accuse them of negligence for failing to warn consumers of the risks associated with the IVC filters. Reports show that Bard knew about the higher risk of device migration and serious injury, however, did not take steps to make patients aware of these risks.
If you have a defective Bard IVC filter implanted and believe you may be entitled to compensation for the harm you have suffered, our IVC filter lawyers at The Law Place can help you file a personal injury lawsuit.
Cook Medical
As of 2023, Cook Medical faces over 8,000 lawsuits for serious injuries caused by its defective IVC filters. These lawsuits allege that the devices have been effectively designed and have an increased risk of migrating, fracturing, puncturing vital organs, and causing severe internal injuries.
Most of the victims that filed an injury lawsuit against Cook for compensation for their injuries have been awarded substantial amounts. In 2018, a Texas victim won $1.2 million in a lawsuit against Cook for injuries caused by the defective IVC filter. In 2o19, another person in Indianapolis won $3 million against Cook for suffering a cardiac injury because of a defective filter.
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Recovering Compensation for a Defective IVC Filter in Orlando
To recover compensation for having a defective IVC filter implanted in your body, you are required to prove that you suffered injuries because of another person’s negligence. Doctors are responsible only for the implantation of devices and are not responsible for defects in the product’s design.
Because of this, IVC filter manufacturers are the subject of compensation claims by those who suffered injuries because of defective IVC filters. Coming up against major medical manufacturing companies is extremely difficult, as they have teams of lawyers fighting to ensure that victims are not compensated.
These companies often know the risks of their products and have strong legal strategies to fight against IVC filter lawsuits. They may drag out the lawsuit, raise difficult legal issues, and argue that their product did not cause your serious injury. Coming up against these companies alone can be a very challenging task, and it will be difficult to win the case against them.
The only way to ensure you have a chance against these companies is by hiring an experienced IVC filter defect lawyer that has experience fighting these types of cases. They will file an IVC filter lawsuit on your behalf, gather evidence in your support, and fight to ensure that you are compensated for your injuries.
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Elements of an IVC Filter Lawsuit in Orlando, Florida
IVC filter lawsuits, like all products’ liability litigation involving medical companies, are extremely complex. When you file an IVC filter lawsuit, the responsibility is on you to prove that the medical company is directly responsible for the injuries you sustained. Your lawyer can help you have a successful IVC filter lawsuit by proving the following elements:
Defective Product
To have a successful product liability claim, you must prove that the medical product is defective. You may prove that the medical device is defective through:
- Product design – The design of the medical device is not safe for use, as it would be used for its expected purposes or reasonably foreseeable uses.
- Manufacturing – The product manufacturing is defective, which could relate to just a single batch of products issued by the medical manufacturers. The faulty manufacturing could include human error, old machinery, or the replacement of device components for a cheaper alternative.
- Marketing – Medical manufacturers are required to accurately market the device to consumers, including doctors and patients. This means making consumers aware of the risks associated with the product. With IVC filters, many claimants argued manufacturers knew of the risks of their products, particularly using an IVC filter for a long time, yet failed to warn doctors and patients of this risk. For many people, the risk of harm outweighed the benefits, and they were not made aware of this risk.
Claimants do not have to prove that the IVC filter is entirely dangerous. They only need to prove that there are risks and dangers with the product that caused them to suffer injuries.
Breach of Duty and Causation
Once your lawyer has proven that the IVC filter was defective, they must then prove that the manufacturer owed you a duty of care, breached this duty, and the breach of duty directly caused your injuries. With medical products liability litigation, it suffices to show that the manufacturer failed to warn consumers of the risks involved with using their products.
If your lawyer can show that the manufacturer failed to warn you of the risks of using an IVC filter, this failure to warn resulted in you using defective medical devices, and you suffered injuries or a loved one died as a result, you will have a successful injury claim.
Damages
IVC filter lawsuits must be based on the fact that you suffered damages because of the defective product. With IVC filters, you must prove using evidence that their defective design caused you to suffer injuries. These injuries could include physical injuries, such as device fracturing, punctured lungs or heart, inflammation, organ damage, or stroke.
You can also include non-physical damages in your claim, such as pain and suffering, emotional trauma, and a loss of enjoyment in life.
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Types of Damages in an IVC Filter Lawsuit, Orlando
Recovering compensation for injuries resulting from a defective IVC filter means proving that you suffered damages. The more damages you can prove that you suffered, the more compensation you can be awarded in a claim against the manufacturer. The damages you can claim depend on the type of harm you suffered and how long the harm lasted.
Examples of damages an experienced Orlando attorney can help you claim to include:
- Medical expenses – Medical costs for all appointments and treatments relating to your injuries, including heart surgery costs, doctors’ appointments, emergency treatment, lifelong monitoring treatment, and any other related medical bills.
- Lost wages – If you had to leave work because of your injuries, you can recover lost wages, including future potential earnings and any promotions or bonuses that you missed out on.
- Pain and suffering – Non-economic damages resulting from the defective medical device could include emotional and physical trauma, a loss of enjoyment in life, PTSD, and anxiety.
- Wrongful death – Losing a loved one because of a defective medical device is devastating and traumatic. When your loved one receives an IVC filter, you expect that their quality of life will improve and that it will not cause their death. At The Law Place, we want to help you get justice for your loved one by filing a wrongful death claim on your behalf and ensuring that the manufacturers are held accountable.
Our law firm can help assess what damages you may claim in your defective IVC claim. We will ensure to maximize the compensation you receive by claiming all potential damages on your behalf.
Contact an Orlando IVC Filter Defect Lawyer at The Law Place
Victims of defective medical devices often feel at a loss how they can get justice for the harm inflicted on them. Undergoing surgery for an IVC filter is something patients do to improve the quality of their life. When the device is defective, and they suffer further harm as a result, they should receive justice.
This includes getting their medical expenses paid for, getting compensation for the emotional and physical harm they suffered, and holding the medical manufacturers accountable for their negligence. At The Law Place, we want to help you get justice for the harm you endured because of a defective IVC filter.
Our law firm has been helping Orlando citizens with personal injury and product liability claims for over 75 years, and we have what it takes to get a positive outcome in your case. Our lawyers have won multiple awards and recognitions for their hard work and dedication to justice. We understand how traumatizing it is to have a defective medical product cause you severe injuries, and we want to help in any way we can.
Call our law firm today to schedule a free consultation at (941)-444-4444.
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