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Missouri Bard G2 IVC Filter Lawsuit Alleges Defective Design, Lack of Testing

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St. Louis, MOThe consolidation and centralization of Bard IVC Filter lawsuits in Arizona (In re Bard IVC Filters Products Liability Litigation MDL No. 2641, JPML August 17, 2015) is indicative of the interest and significance of a legal issue that appears to be poised for further growth amidst the aging American population. With baby boomers advancing into retirement and medical issues such as blood clots continuing to gain a foothold in the greater societal health paradigm, allegedly inferior products aimed at preventing blood clots from fostering serious health issues are themselves the source of grievous concern and related litigation.

One of the most recent lawsuits, according to court documents, was filed by plaintiff Ava E. Langford from Missouri (Langford et al v. C.R. Bard Inc. et al, Case No. 4:2015-cv-01749, November 24, 2015 in Missouri Eastern District Court). Langford asserted that the Bard G2 IVC filter, designed to snag and hold a mobile blood clot from traveling to the lung, instead has a tendency to fracture and fail, causing damage and injury in its wake.

The inferior vena cava filter is designed to remain in place within the vena cava at the insertion point, holding against the arterial walls and allowing blood to pass through, while at the same time providing a wall by which to snag a wayward blood clot originating from the leg. The IVC filter is usually called into use when various contraindications prevent or limit the use of blood thinners.

The IVC filters feature spider-like appendages that serve to hold the filter in place, and thus trap a wayward blood clot. However, various plaintiffs have alleged the IVC filter fractures and fails, causing damage to the walls of the inferior vena cava and allowing the filter to migrate from its original point of deployment.

In her IVC filter lawsuit, Langford asserts she suffered serious injury when her Bard G2 IVC filter, originally inserted to prevent a pulmonary embolism, fractured and broke apart. She claims that the Bard G2 IVC filter was not only defective in design, but also that Bard failed in its responsibility to perform adequate clinical testing to ensure the G2 IVC filter was safe and effective.

According to a mounting collection of adverse event reports, the devices can fail and in so doing, puncture the vena cava, tilt or migrate out of position, or even break apart, sending metal fragments along the vena cava pathway toward the heart and lungs. A resulting embolism could be fatal or have grievous consequences.

It has been reported that US District Judge Richard L. Young in the Southern District of Indiana, which oversees centralized and consolidated lawsuits in the Cook Celect and Gunther Tulip filters MDL, has selected 10 cases that will go to trial later this year.

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