Inferior Vena Cava (IVC) filters are small medical devices used to prevent blood clots from forming in the lower extremities and reaching the heart or lungs. If you are at risk of deep vein thrombosis, then it is likely you have heard of IVC filters. Deciding whether or not to have an IVC filter implanted is arguably quite a difficult decision to make. However, if you and your doctor do conclude that IVC filters would be the best option for you, then you will be putting a great amount of trust into your surgeons that they’ll be improving your quality of life. As well as this, you will be assuming that this medical device will be both effective and safe.
Unfortunately, across the State of Florida, there are many reports of cases of patients suffering because of issues with IVC filters. In most lawsuits, the manufacturers (e.g., C.R Bard) will be found liable for any harm caused as per Florida’s negligence laws.
If you or a loved one have suffered because of IVC filters malfunctioning, then contact The Law Place today! Our law firm can offer you a free consultation with our dedicated attorneys. You will have the chance to have any questions answered and learn more about what we can for you, no strings attached! Call us at (941) 444-4444 today. Phone lines are open 24/7!
What Is an IVC Filter?
Inferior Vena Cava (IVC) Filters are a form of medical device used to capture and prevent blood clots before they can become harmful to you. The inferior vena cava is a large vein within your abdomen, which moves blood from the lower half of your body to your heart. If you are at risk of developing blood clots in your pelvis or legs (aka if you are susceptible to deep vein thrombosis, commonly known as DVT), then there is a risk these blood clots could travel through your inferior vena cava to your heart or lungs. This is known as a pulmonary embolism and can lead to life-threatening repercussions if left untreated.
In most scenarios whereby an individual is at risk of blood clots, then you’ll first be treated with blood thinners. However, if you are suffering from deep vein thrombosis and thus do not respond well to blood thinners, then inferior vena cava filters may be offered as an alternative treatment method. These medical devices are only used as a temporary preventive measure. If they are left too long, then the likelihood of complications occurring increases considerably.
Retrievable IVC filters are small metallic filtering devices, which are surgically implanted into your inferior vena cava. This will, in theory, prevent blood clots from reaching your heart and lungs. In the past, these devices were a permanent intervention, whereas recently, they have been adapted to be retrievable. Retrievable IVC filters can prevent many serious complications associated with blood clots in one minimally invasive procedure. However, between 2005 and 2010, The Food and Drug Administration (FDA) processed 1,000 reports of serious injuries resulting from defective IVC filters or issues with their removal.
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Why Should I File an IVC Filter Lawsuit?
IVC filters were first approved for use in 1979. Their introduction was considered to be a hugely positive step forward in the field of medicine. However, despite this original success, between 2005 and 2015, the FDA launched six significant recalls of IVC filters across the USA. The recalls were due to a significant increase in serious injuries and even death caused by defective IVC filters. In 2004 and 2014, the FDA released an IVC filter safety communication in light of these reports.
A range of IVC filter manufacturers, including C.R Bard, has been named in class action and individual lawsuits. An IVC filter lawsuit will be filed in order to compensate any victims of an IVC filter injury. In July 2018, there had been over 8,000 lawsuits filed against both C.R Bard and Cook Medical due to the defects associated with their IVC filters. These models included:
- Bard Recovery Filter.
- Bard G2 Filter.
- Bard G2 Express Filter.
An IVC Filter lawyer at The Law Place will be able to talk through these lawsuits with you and determine whether they believe you have a strong enough case. Call us today to schedule a free consultation.
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What Is Included Within the FDA IVC Filter Warning?
In 2010, The Food and Drug Administration reported that over 900 patients had made complaints about injuries resulting from IVC filters, such as complications with their heart or lungs. The FDA released a warning in 2015 explaining that the risks will increase if the patients have failed to have their IVC filter removed within four to six weeks. The potential risks surrounding IVC filters arguably outweigh any potential benefit. Professionals in the medical field have thus been instructed to remove any IVC filters as quickly as possible after being implanted to reduce the likelihood of complications and to report any defects to the FDA.
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What Are the Symptoms of a Blood Clot Filter Malfunctioning?
If you have had an IVC filter fitted recently and are now experiencing unexplained pain across your body, then these symptoms could suggest your IVC filter is either clogged or malfunctioning. Symptoms of this include:
- Back or abdominal pain – This is a common symptom associated with an IVC filter migrating. You may experience this if your filter has traveled through your blood vessels and lodged itself in another part of your body, e.g., a vein or organ.
- Pain in lower extremities -As IVC filters are used to prevent blood clots, patients may mistake any pain as an issue with their pre-existing DVT. However, extreme pain in these areas could instead be a result of the IVC filter perforating or device migration. Painfully swollen legs could able be caused by a clogged IVC filter.
- Symptoms in the heart area – It is possible for the IVC filter to fracture and one of its struts to travel into the heart. If this has happened, patients may experience confusion, nausea, chest and/or back pain, lightheadedness, shortness of breath, and an abnormally quick heart rate.
- Possible asymptomatic issues – In some cases, an issue with your IVC filter will not cause any symptoms. Blood vessels do not have any nerve endings, so it is common not to feel any internal injuries. This can be extremely dangerous, and the issue may only be uncovered in a CT scan or x-ray.
If you are experiencing any of the symptoms listed above, then it is important you seek medical attention as soon as possible.
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What Are the Risks and Complications Associated With Bard IVC Filters?
The most commonly reported complications associated with C.R Bard IVC filters and Cook Medical Devices include:
- Device migration can cause damage to the organs or/and vein the device has moved to.
- A puncture in the IVC filter can put the patient at immense risk.
- Filter fracture can cause a serious IVC filter injury to the patient’s organs, such as the heart and lungs.
- Being unable to remove the IVC filter without putting the patient at life-threatening risk.
Inferior Vena Cava (IVC) filters have also been reported to cause very specific issues, including:
- Strokes.
- Hole in the heart.
- Fainting.
- Abnormal heart rhythms.
- Heart palpitations.
- A pulmonary embolism.
- Inflammation.
Defective medical devices can cause a range of issues, but they can also lead to you needing emergency surgery, e.g., heart surgery. This can be both dangerous and expensive, so it is important that if you have suffered an IVC filter injury, you contact a personal injury attorney as soon as possible. You may be entitled to compensation!
What Damages Could I Be Owed Following a Defective IVC Filter Lawsuit?
If you or a loved one have recently suffered because of an IVC filter malfunctioning, then you may be entitled to compensation. Some of the possible damages you could be owed include, but are not limited to:
- Medical expenses – If your IVC filter malfunctions, then it is likely you will have to receive professional medical care. For any medical bills you receive, these costs can be included in your IVC filter lawsuit. If your injuries require ongoing treatment, you can also include any projected medical costs.
- Lost wages – If you have had time off work because of your IVC filter, then you could be compensated for any loss of income. Similarly, if you are unable to return to work or have had to change jobs because of your IVC filter, then you could claim a loss of earning potential.
- Pain and suffering – Pain and suffering will account for any physical and mental suffering, as well as any loss of enjoyment in life you endured because of your IVC filter. Loss of enjoyment compensates you if you are now unable to enjoy an activity you once regularly did because of your IVC filter, e.g., a weekend soccer team. However, this form of non-economic damages is hard to provide evidence for and to translate into a settlement value, so it is best to have an experienced personal injury attorney do this for you.
- Punitive damages – In some cases, the at-fault party has done something seriously wrong. For serious harms or repeat harms by the same doctor/company, the Judge may assign additional damages to punish them appropriately. This is, however, not common, so do not expect this to be guaranteed in your IVC filter lawsuit.
- Wrongful death – In the unfortunate case you have sadly lost a loved one because of retrievable IVC filters, you will be able to file a wrongful death Florida Statute 768.21 outlines that the settlement from such a lawsuit should cover any funeral costs, medical costs, loss of any inheritance, and loss of consortium.
If you believe you or somebody you know could be owed any of these damages following a defective medical device, contact The Law Place today. We are able to offer a free case evaluation in which our lawyers can review your case and tell you if you are, in fact, entitled to compensation.
What Is the Average Settlement for an IVC Filter Lawsuit?
It is very difficult to provide a universal average for how much IVC filter lawsuits can settle for. This is due to the necessary details required to calculate a settlement value varying so much on a case-to-case basis. For example, one IVC filter lawsuit may involve the loss of a loved one, whereas another may involve individual suffering minimal injuries of which they recovered quickly. The case where somebody has sadly lost their life will obviously result in a much larger settlement than the other.
Based on a range of IVC filter lawsuits and the history of tort litigation, a settlement can range massively from $50,000 to $2,000,000. It is extremely important that you keep in mind there will be some cases that settle for significantly more or less than this payout range. Never trust an online settlement calculator. Instead, contact one of the personal injury lawyers at our law firm today. We will be able to offer you a free case evaluation, whereby we will use our knowledge and experience to provide you with a more accurate estimation of how much you could be owed.
Time Is of the Essence!
If you, a friend, or a family member have recently suffered because of a blood clot filter, then it is important you act quickly and hire an experienced attorney as soon as possible. Florida Statute 95.11 outlines the law surrounding the strict time limit on how long a personal injury case will have before it is no longer accepted into the courts.
Florida’s statute of limitations means that after your blood clot filter has caused significant injuries, you will have four years from this date to make a claim. If these four years elapse, then you will be permanently unable to receive a payout and will thus lose out on any compensation you could be owed. If a defective medical device has meant you have lost a loved one, then the statute of limitations on filing a wrongful death lawsuit is reduced further to two years from the date of your injuries.
Due to these strict time limitations, it is important you hire a lawyer from The Law Place as soon as possible so that we can get started on building the evidence we need to make a successful claim within the time limits.
How Much Will a Personal Injury Lawyer Cost in Florida?
All of our IVC filter attorneys at The Law Place operate on a contingency basis. This is monitored by The State Bar Association. A contingency basis means that any legal fees you will be charged will be deducted from your final settlement. In the unlikely case that your claim is unsuccessful, you will not be required to pay us anything. This is often known as a no-win-no-fee guarantee! Our team is 100% upfront of all of our fees, so you can be confident you will not be left with any surprise bills from us.
Contact our office today to schedule a free consultation. We will be able to answer any questions you may have surrounding our legal fees, so you are completely aware of what you will be charged.
Contact a Personal Injury Lawyer at The Law Place Today!
If you or a loved one have recently suffered injures because of retrievable IVC filters in Port Charlotte or elsewhere within the State of Florida, then call The Law Place today! Our IVC filter attorneys possess 75 years of combined experience in dealing with cases such as your own, and many are AVVO 10.0 rated, so you can be confident your claim has the best possible chance at success. Contact us today to schedule your own free consultation.
In this consultation, a lawyer at our office will be able to review the details and let you know whether or not we believe you have a strong case. You will receive free advice and have a chance to ask your own questions whilst having no obligation to stay with us. If you do choose us as your representation after this meeting, then our lawyers will immediately get started on seeking you the justice you deserve!
Call our office today to schedule your case evaluation at (941) 444-4444. Phone lines are open 24/7.
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