Maine IVC Filter Lawsuit
The third bellwether trial involving a C.R. Bard IVC filter began on September 18, 2018 before U.S. District Judge David Campbell in Phoenix, Arizona.
The Plaintiff, Lisa Hyde, had a C.R. Bard G2 IVC filter implanted to prevent blood clots from travelling from the lower extremities to her heart and lungs. Three years later, it was discovered that the IVC filter had fractured, migrated and perforated the wall of her vena cava. One of the legs, or struts, of the IVC filter became lodged in the right ventricle of her heart and had to be removed surgically.
During the pretrial phase of the case, some of Ms. Hyde’s original claims – manufacturing defect, breach of express warranty, breach of implied warranty, and failure to recall – were voluntarily withdrawn by the plaintiff. Other claims, including strict liability failure to warn, misrepresentation, and fraud, were dismissed by Judge Campbell on summary judgment. Ms. Hyde’s surviving claims include strict liability design defect, negligent design defect, negligence per se, and punitive damages.
Prior to the trial beginning, Judge Campbell bifurcated the liability and damages portions of the trial pursuant to Wisconsin state law which is the applicable law in the case. This means that the jury will first decide whether the company is liable for the injuries to Ms. Hyde. If C.R. Bard is found liable, there will be a second phase of the trial for the jury to decide what damages to award Ms. Hyde.
The first two C.R. Bard IVC filter bellwether cases have yielded mixed results. In March 2018, the first bellwether trial ended in a $3.6 million award to the Plaintiff. In June 2018, the second bellwether trial ended in a verdict for C.R. Bard with a finding that the company had not failed to properly design or adequately warn doctors about the risk of C.R. Bard’s IVC filter.
In total, there are more than 4,000 IVC Filter cases pending against C.R. Bard in courts around the country.
If you or a loved one has been injured by an IVC filter, you may be entitled to significant compensation for your injuries.
To speak with an experienced Maine IVC filter attorney, contact Fitzgerald Law Group at (844) FITZ-LAW or (844) 348-9529, or complete the Case Evaluation Form on this website for a free, confidential, case assessment.
