At the end of July, a federal jury in Dallas, Texas determined that C.R. Bard Inc’s (Bard) inferior vena cava (IVC) filters, intended to prevent blood clots, are defective and to blame for injuries and complications. This decision brings the total winnings for lawyers at Martin Baughman, who are representing several hundred patients, to over $7 million. Since May, the firm has won four out of six personal injury lawsuits, with the largest verdict being $3.3 million.
Martin Baughman’s Approach to Proposed Settlement
In the latest case, jurors declared that Bard’s Recovery IVC filter led to serious complications for plaintiff Debra Branch when the device fractured after being implanted. The verdict resulted in $386,250 in damages. “Once again, jurors have heard the facts and agreed that these filters are dangerous,” partner Laura Baughman said. “After recklessly marketing these products and placing profit over safety, it’s time for Bard to acknowledge how risky they are.”
Martin Baughman initially rejected a proposed settlement in order to pursue these individual trails for its clients. “We didn’t feel that [the group settlements] adequately took into account the serious nature of our clients’ injuries,” Baughman explained. The firm, which includes 13 attorneys who focus on injury and malpractice cases, has a full schedule of individual trials across the country throughout the rest of the year. Their strategy focuses on two legal theories: design defects and failure to warn.
Bard’s Response to IVC Filter Jury Verdict
Following the decision, Bard is considering appeals options. Spokesman Troy Kirkpatrick explained that all implantable medical devices, including IVC filters, come with inherent risks. “Our IVC filter products are cleared for use by the FDA and continue to offer life-saving benefits that have helped tens of thousands of patients for more than 15 years,” he shared. He added that their IVC filter complication rates are below the guidelines of the Society of Interventional Radiology.
Bard, a subsidiary of Becton, Dickinson and Co., faced more than 8,000 lawsuits, which were eventually consolidated into a multi district litigation in a federal court in Phoenix, Arizona.
For more information about Bard’s defective IVC filters, contact us today.
Additional Reading:
IVC Filters: What you need to know
IVC Filter Medical Issues and Complications
IVC Filter Commonly Asked Questions